
    Fernando FOLCHI, Appellant, v. The STATE of Florida, Appellee.
    No. 3D02-829.
    District Court of Appeal of Florida, Third District.
    March 5, 2003.
    Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Attorney General, for appellant.
    Charlie Crist, Attorney General and Michael J. Neimand, Assistant Attorney General, for appellee.
    Before COPE, GREEN, and RAMIREZ, JJ.
   PER CURIAM.

Affirmed. See State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003).

GREEN, J.

(specially concurring).

I realize that I am bound by the doctrine of stare decisis to affirm the defendant’s conviction and sentence in this case. However, in accordance with my dissent in State v. Franklin, 836 So.2d 1112 (3d DCA 2003), I believe that Chapter Law 99-188, Laws of Florida, is violative of the single subject requirement of the Florida Constitution. See Art. Ill, § 6, Fla. Const.; see also Taylor v. State, 818 So.2d 544 (Fla. 2d DCA 2002), review dismissed, 821 So.2d 302 (Fla.2002).

COPE, J.

(specially concurring).

While obliged to follow the majority opinion in State v. Franklin, 836 So.2d 1112 (Fla. 3d DCA 2003), for the reasons I expressed in my dissent in that case chapter 99-188, Laws of Florida, violates the single subject requirement of the Florida Constitution. For the reasons stated in my dissenting opinion in State v. Barnes, 836 So.2d 1126 (Fla. 3d DCA 2003), the mandatory minimum sentence involved in this case cannot lawfully be imposed.  