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Richardson v. State

District Court of Appeal of Florida, First District
Jun 6, 2000
763 So. 2d 1230 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D98-4818

Opinion filed June 6, 2000.

An appeal from the Circuit Court for Leon County. J. Lewis Hall, Jr., Judge

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.


We have previously rejected all of the constitutional challenges to the Prison Releasee Reoffender Punishment Act (the Act) asserted by the appellant. See Bloodworth v. State, 1D99-1472 (Fla. 1st DCA Apr. 20, 2000); Smith v. State, 1D98-656 (Fla. 1st DCA Mar. 13, 2000); Chambers v. State, 752 So.2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999). In addition, contrary to appellant's assertion that sentencing under the Act is discretionary, such sentencing under the Act is mandatory upon proof that the defendant qualifies as a prison releasee reoffender. See Woods v. State, 740 So.2d 20, 22-23 (Fla. 1st DCA 1999); see also McKnight v. State, 727 So.2d 314, 315-16 (Fla.3d DCA 1999); but see State v. Wise, 744 So.2d 1035, 1037 (Fla. 4th DCA 1999); State v. Cotton, 728 So.2d 251, 252 (Fla.2d DCA 1998). Here, as in Woods, we certify the following question to the Supreme Court as a question of great public importance:

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?

AFFIRMED.

JOANOS, ALLEN, and KAHN, JJ., CONCUR.


Summaries of

Richardson v. State

District Court of Appeal of Florida, First District
Jun 6, 2000
763 So. 2d 1230 (Fla. Dist. Ct. App. 2000)
Case details for

Richardson v. State

Case Details

Full title:WALTER RICHARDSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Jun 6, 2000

Citations

763 So. 2d 1230 (Fla. Dist. Ct. App. 2000)