Buth v. State

District Court of Appeal of Florida

Buth v. State

800 So. 2d 344, 2001 Fla. App. LEXIS 16643, 2001 WL 1495582

CourtDistrict Court of Appeal of Florida

DecidedNovember 27, 2001

DocketNo. 1D00-1132

StatusPublished

This text of 800 So. 2d 344 (Buth 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

Buth v. State, 800 So. 2d 344, 2001 Fla. App. LEXIS 16643, 2001 WL 1495582 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

We reverse and remand as to the State of Florida’s cross-appeal for the trial court to sentence appellant as a prison releasee reoffender.¹ Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), aff'd sub nom., State v. Cotton, 769 So.2d 345 (Fla.2000). As in Knight v. State, 791 So.2d 490 (Fla. 1st DCA 2000) (on mot. for reh’g and cert.), rev. granted, 796 So.2d 537 (Fla.2001), we certify the following question to be of great public importance:

DOES SECTION 775.082(9)(a)(3)(a), FLORIDA STATUTES (1999), WHICH MANDATES A LIFE SENTENCE FOR PRISON RELEASEE REOF-FENDERS WHO COMMIT “A FELONY PUNISHABLE BY LIFE,” APPLY BOTH TO LIFE FELONIES AND FIRST DEGREE FELONIES PUN[345]*345ISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE?

REVERSED and REMANDED for further proceedings.

ERVIN, KAHN and DAVIS, JJ., CONCUR.

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PER CURIAM.

We reverse and remand as to the State of Florida’s cross-appeal for the trial court to sentence appellant as a prison releasee reoffender.¹ Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), aff'd sub nom., State v. Cotton, 769 So.2d 345 (Fla.2000). As in Knight v. State, 791 So.2d 490 (Fla. 1st DCA 2000) (on mot. for reh’g and cert.), rev. granted, 796 So.2d 537 (Fla.2001), we certify the following question to be of great public importance:

DOES SECTION 775.082(9)(a)(3)(a), FLORIDA STATUTES (1999), WHICH MANDATES A LIFE SENTENCE FOR PRISON RELEASEE REOF-FENDERS WHO COMMIT “A FELONY PUNISHABLE BY LIFE,” APPLY BOTH TO LIFE FELONIES AND FIRST DEGREE FELONIES PUN[345]*345ISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE?

REVERSED and REMANDED for further proceedings.

ERVIN, KAHN and DAVIS, JJ., CONCUR.

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Bluebook (online)

800 So. 2d 344, 2001 Fla. App. LEXIS 16643, 2001 WL 1495582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buth-v-state-fladistctapp-2001.

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