In LEWIS et al. v. LEON COUNTY et al., No. SC09-1698 (Fla. Sep. 24, 2011), the Court held that chapter 2007-62, § 19, Laws of Florida, violates article V, § 14 of the Florida Constitution. Chapter 2007-62, § 19, unconstitutionally shifts the state’s responsibility for funding certain costs of the Offices of Criminal Conflict and Civil Regional Counsel from the state to the counties.
In STEPHENS v. STATE, No. 2D10-2955 (Fla. 2d DCA Sep. 23, 2011), the court held that convictions entered on the same day, in the same proceedings, do not meet the sequential conviction requirement for imposition of a habitual felony offender sentence pursuant to § 775.084(5) Florida Statutes (2003). To qualify as a predicate felony for enhancement purposes, the felony must be a prior felony and the defendant must have been convicted of that prior felony within five years of the date of commission of the offense for which the defendant is being sentenced. A crime committed subsequent to the one for which a defendant is being sentenced can not serve as a qualifying felony for purposes of imposing a habitual offender sentence.
In TIDWELL v. STATE, No. 2D10-3191 (Fla. 2d DCA Sep. 21, 2011), the court held that when a youthful offender commits a violation of probation, even a substantive violation as described in § 958.14 Florida Statutes (2009), his status as a youthful offender can not be revoked.
