Darbie v. State

District Court of Appeal of Florida

Darbie v. State

763 So. 2d 1243, 2000 Fla. App. LEXIS 7519, 2000 WL 775553

CourtDistrict Court of Appeal of Florida

DecidedJune 19, 2000

DocketNo. 1D98-3814

StatusPublished

Cited by1 cases

This text of 763 So. 2d 1243 (Darbie 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

Darbie v. State, 763 So. 2d 1243, 2000 Fla. App. LEXIS 7519, 2000 WL 775553 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Appellant raises various constitutional challenges to section 775.082(8), Florida Statutes, all of which this court has rejected in previous opinions. See Wright v. State, case No. 1D98-1141, — So.2d -, 2000 WL 424053 (Fla. 1st DCA April 20, 2000); Chambers. v. State, 752 So.2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999), citing Woods v. State, 740 So.2d 20 (Fla. 1st DCA), review granted 740 So.2d 529 (Fla.1999). Consistent with those cases, we affirm and certify the same question previously certified in Woods regarding separation of powers. As to the claim that it was improper to sentence appellant under both the habitual offender statute and the prison releasee reoffender statute for a single offense, we acknowledge conflict with the Fourth and Fifth Districts, as noted in Wright. And as to issue of judicial discretion to impose the prison releasee reoffen-der sentence, we note apparent conflict with the Second District, as noted in Woods.

AFFIRMED.

JOANOS, PADOVANO and BROWNING, JJ., CONCUR.

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PER CURIAM.

Appellant raises various constitutional challenges to section 775.082(8), Florida Statutes, all of which this court has rejected in previous opinions. See Wright v. State, case No. 1D98-1141, — So.2d -, 2000 WL 424053 (Fla. 1st DCA April 20, 2000); Chambers. v. State, 752 So.2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999), citing Woods v. State, 740 So.2d 20 (Fla. 1st DCA), review granted 740 So.2d 529 (Fla.1999). Consistent with those cases, we affirm and certify the same question previously certified in Woods regarding separation of powers. As to the claim that it was improper to sentence appellant under both the habitual offender statute and the prison releasee reoffender statute for a single offense, we acknowledge conflict with the Fourth and Fifth Districts, as noted in Wright. And as to issue of judicial discretion to impose the prison releasee reoffen-der sentence, we note apparent conflict with the Second District, as noted in Woods.

AFFIRMED.

JOANOS, PADOVANO and BROWNING, JJ., CONCUR.

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Bluebook (online)

763 So. 2d 1243, 2000 Fla. App. LEXIS 7519, 2000 WL 775553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darbie-v-state-fladistctapp-2000.

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