Gaines v. State
816 So. 2d 648, 2001 Fla. App. LEXIS 1314, 2001 WL 120122
District Court of Appeal of Florida·Decided February 14, 2001·No. No. 1D00-1852·Published·Cited by 2 cases
Opinion
The appellant’s sentence is affirmed. See Knight v. State, 791 So.2d 490 (Fla. 1st DCA 2000), pet. for review pending, No. SC-001987; Brown v. State, 24 Fla. L. Weekly D2753, — So.2d -, 1999 WL 1112715 (Fla. 1st DCA Dec.8, 1999). Nevertheless, consistent with our certification in Knight, we certify the following question to the supreme court as a question of great public importance:
DOES SECTION 775.082(8)(A)2A, FLORIDA STATUTES (1997), 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 PUNISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE?
AFFIRMED.
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Gaines v. State, 816 So. 2d 648, 2001 Fla. App. LEXIS 1314, 2001 WL 120122 (Fla. Ct. App. 2001).
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