Legal Opinion

Sellers v. State

District Court of Appeal of Florida

Decided August 1, 2003No. 5D03-1986Published

1Opinion of the Court

SHARP, W., J.

Sellers appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), seeking post-conviction relief. He was sentenced to 50.88 months in prison, which included a three-year minimum mandatory term for the offense of trafficking in 28 grams or more of cocaine.1 He argues that the minimum mandatory term is illegal because it was imposed pursuant to Chapter 99-188, which was found to be unconstitutional because it violates the single-subject rule.2

This court has held that the constitutional violation in Chapter 99-188 has been retroactively…

2Cases cited3 opinions

  1. Taylor v. StateDistrict Court of Appeal of Florida · 2002
  2. Jackson v. StateDistrict Court of Appeal of Florida · 2003
  3. Herndon v. StateDistrict Court of Appeal of Florida · 2003

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API