Nichols v. State

District Court of Appeal of Florida

Nichols v. State

755 So. 2d 782, 2000 Fla. App. LEXIS 4231, 2000 WL 369971

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 2000

DocketNo. 1D99-531

StatusPublished

Cited by1 cases

This text of 755 So. 2d 782 (Nichols 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

Nichols v. State, 755 So. 2d 782, 2000 Fla. App. LEXIS 4231, 2000 WL 369971 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

All of the constitutional challenges to the Prison Releasee Reoffender Punishment Act asserted by the defendant in this case have been rejected by the court in other cases. See Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000)(certifying conflict with Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999)); Crump v. State, 746 So.2d 558 (Fla. 1st DCA 1999); Chambers v. State, 752 So.2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999); Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999). Here, as in Woods, we certify the following question to the Supreme Court as a question of great public importance:

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES, (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?

Affirmed.

BARFIELD, C.J., VAN NORTWICK and PADOVANO, JJ., CONCUR.

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PER CURIAM.

All of the constitutional challenges to the Prison Releasee Reoffender Punishment Act asserted by the defendant in this case have been rejected by the court in other cases. See Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000)(certifying conflict with Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999)); Crump v. State, 746 So.2d 558 (Fla. 1st DCA 1999); Chambers v. State, 752 So.2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999); Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999). Here, as in Woods, we certify the following question to the Supreme Court as a question of great public importance:

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES, (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?

Affirmed.

BARFIELD, C.J., VAN NORTWICK and PADOVANO, JJ., CONCUR.

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Bluebook (online)

755 So. 2d 782, 2000 Fla. App. LEXIS 4231, 2000 WL 369971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-state-fladistctapp-2000.

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