Austin v. State

District Court of Appeal of Florida

Austin v. State

790 So. 2d 433, 2000 Fla. App. LEXIS 2197, 2000 WL 241810

CourtDistrict Court of Appeal of Florida

DecidedMarch 6, 2000

DocketNo. 1D98-3180

StatusPublished

This text of 790 So. 2d 433 (Austin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Austin v. State, 790 So. 2d 433, 2000 Fla. App. LEXIS 2197, 2000 WL 241810 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Appellant raises four issues on appeal, none of which has merit, and only one of which needs to be briefly discussed. ' Appellant challenges section 775.082(8), Florida Statutes (the Prison Releasee Reoffen-der Punishment Act), as being violative of the separation of powers clause of the Florida Constitution. We reject this challenge. See Woods v. State, 740 So.2d 20 [434]*434(Fla. 1st DCA); rev. granted, 740 So.2d 529 (Fla.1999). As we did in Woods, however, we certify the following question as being one 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.

ALLEN, WOLF and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Appellant raises four issues on appeal, none of which has merit, and only one of which needs to be briefly discussed. ' Appellant challenges section 775.082(8), Florida Statutes (the Prison Releasee Reoffen-der Punishment Act), as being violative of the separation of powers clause of the Florida Constitution. We reject this challenge. See Woods v. State, 740 So.2d 20 [434]*434(Fla. 1st DCA); rev. granted, 740 So.2d 529 (Fla.1999). As we did in Woods, however, we certify the following question as being one 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.

ALLEN, WOLF and VAN NORTWICK, JJ., concur.

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790 So. 2d 433, 2000 Fla. App. LEXIS 2197, 2000 WL 241810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-state-fladistctapp-2000.

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