Buth v. State
800 So. 2d 344, 2001 Fla. App. LEXIS 16643, 2001 WL 1495582
Opinion
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] ISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE?
REVERSED and REMANDED for further proceedings.
Footnotes
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Buth v. State, 800 So. 2d 344, 2001 Fla. App. LEXIS 16643, 2001 WL 1495582 (Fla. Ct. App. 2001).
800 So. 2d 344 (Buth v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Knight v. State
791 So. 2d 490 (District Court of Appeal of Florida, 2000)
State v. Cotton
769 So. 2d 345 (Supreme Court of Florida, 2000)
Woods v. State
740 So. 2d 20 (District Court of Appeal of Florida, 1999)