Opinion
No. SC00-280.
March 14, 2002.
Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions, Second District — Case No. 2D99-1313 (Highlands County).
James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Tenth Judicial Circuit, Bartow, FL, for Petitioner.
Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Robert Napolitano, Assistant Attorney General, Tampa, FL, for Respondent.
We have for review the decision in Medina v. State, 758 So.2d 113 (Fla. 2d DCA 2000), which certified conflict with the decision in State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA 1999), approved, 802 So.2d 276 (Fla. 2001). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
Robert Medina raises two issues before this Court. First, he argues that the Prison Releasee Reoffender Punishment Act (PRRP) cannot be applied to the crime of burglary of an unoccupied dwelling. On this issue we quash the decision of the Second District and remand for reconsideration upon application of our decision in State v. Huggins, 802 So.2d 276 (Fla. 2001).
The second issue involves various constitutional challenges to the PRRP. The Second District denied the constitutional challenges and held that all of these issues have been resolved, citing Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999), approved in part and quashed in part, 770 So.2d 655 (Fla. 2000). As to the constitutional challenges, we approve the decision of the Second District based on our decisions in Grant v. State, 770 So.2d 655 (Fla. 2000), and State v. Cotton, 769 So.2d 345 (Fla. 2000).
The various constitutional challenges are: the PRRP violates the single subject rule, violates separation of powers, imposes cruel and unusual punishment, is void for vagueness, violates due process, violates equal protection, and is overbroad.
It is so ordered.
SHAW, ANSTEAD, HARDING and PARIENTE, JJ., concur.
LEWIS, J., concurs in part and dissents in part with an opinion, in which WELLS, C.J., concurs.
I agree with the majority that the PRRP is constitutional However, with respect to the question of whether burglary of a dwelling, whether occupied or not, qualifies the defendant for prison releasee reoffender sentencing, I respectfully dissent for the reasons stated in my dissenting opinion, and for the reasons set forth in the dissenting opinion of Chief Justice Wells, in State v. Huggins, 802 So.2d 276 (Fla. 2001).
WELLS, C.J., concurs.
[EDITORS' NOTE: The opinion of the District Court of Appeal of Florida, Second District, in Demaria v. State, published in the advance sheet at this citation 813 So.2d 105, was withdrawn from the bound volume because it was withdrawn from publication by the court.]