Newmones v. State

District Court of Appeal of Florida

Newmones v. State

802 So. 2d 517, 2001 Fla. App. LEXIS 18498, 2001 WL 1657188

District Court of Appeal of Florida·Decided December 28, 2001·No. No. 5D01-1722·Published

Opinion

SAWAYA, J.

We affirm Newmones’ sentence, and, in accordance with Stabile v. State, 790 So.2d 1235 (Fla. 5th DCA 2001), certify the following question to the Florida Supreme Court:

DOES SECTION 775.082(8)(a)2.a„ 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; QUESTION CERTIFIED.

THOMPSON, C.J., and PALMER, J„ concur.

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SAWAYA, J.

We affirm Newmones’ sentence, and, in accordance with Stabile v. State, 790 So.2d 1235 (Fla. 5th DCA 2001), certify the following question to the Florida Supreme Court:

DOES SECTION 775.082(8)(a)2.a„ 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; QUESTION CERTIFIED.

THOMPSON, C.J., and PALMER, J„ concur.

Newmones v. State, 802 So. 2d 517, 2001 Fla. App. LEXIS 18498, 2001 WL 1657188 (Fla. Ct. App. 2001).

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Opinion

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