Gilbert v. State

I concur in result only in that it appears from appellant’s extensive criminal history that he would have been habitualized under the pre-amended statute. Therefore, he cannot rely on the unconstitutionality of the amendment to void his sentence. See Hale v. State, 589 So.2d 1000 (Fla. 1st DCA 1991); McNeil v. State, 588 So.2d 303 (Fla. 1st DCA 1991); King v. State, 585 So.2d 1199 (Fla. 1st DCA 1991); Wright v. State, 579 So.2d 418 (Fla. 4th DCA 1991).

I do not agree with the holding of McCall v. State, 583 So.2d 411 (Fla. 4th DCA 1991) that the amendment did not violate the single subject…