Brown v. State

Supreme Court of Florida

Brown v. State

816 So. 2d 1112, 27 Fla. L. Weekly Supp. 357, 2002 Fla. LEXIS 785, 2002 WL 571681

CourtSupreme Court of Florida

DecidedApril 18, 2002

DocketNo. SC99-102

StatusPublished

This text of 816 So. 2d 1112 (Brown v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. State, 816 So. 2d 1112, 27 Fla. L. Weekly Supp. 357, 2002 Fla. LEXIS 785, 2002 WL 571681 (Fla. 2002).

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Opinion

PER CURIAM.

We have for review the decision in Brown v. State, 24 Fla. L. Weekly D2753, — So.2d -, 1999 WL 1112715 (Fla. 1st DCA Dec.8, 1999), in which the First District held that section 775.082(8)(a)2.a., Florida Statutes (1997), which provides for a life sentence for prison releasee reoffen-ders who commit “a felony punishable by life,” applies both to life felonies and first degree felonies punishable by imprisonment for a term of years not exceeding life. The district court also upheld the constitutionality of section 775.082(8), and certified that issue for our review. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We upheld the statute’s constitutionality in State v. Cotton, 769 So.2d 345, 349-50 (Fla.2000). We have also recently approved of the district court’s holding in Brown in Knight v. State, 808 So.2d 210 (Fla.2002), a case presenting the same issue.

Accordingly, we approve the decision of the district court on the authority of Cotton and Knight.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.

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PER CURIAM.

We have for review the decision in Brown v. State, 24 Fla. L. Weekly D2753, — So.2d -, 1999 WL 1112715 (Fla. 1st DCA Dec.8, 1999), in which the First District held that section 775.082(8)(a)2.a., Florida Statutes (1997), which provides for a life sentence for prison releasee reoffen-ders who commit “a felony punishable by life,” applies both to life felonies and first degree felonies punishable by imprisonment for a term of years not exceeding life. The district court also upheld the constitutionality of section 775.082(8), and certified that issue for our review. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

We upheld the statute’s constitutionality in State v. Cotton, 769 So.2d 345, 349-50 (Fla.2000). We have also recently approved of the district court’s holding in Brown in Knight v. State, 808 So.2d 210 (Fla.2002), a case presenting the same issue.

Accordingly, we approve the decision of the district court on the authority of Cotton and Knight.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.

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Bluebook (online)

816 So. 2d 1112, 27 Fla. L. Weekly Supp. 357, 2002 Fla. LEXIS 785, 2002 WL 571681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-state-fla-2002.

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