Straughter v. State

District Court of Appeal of Florida

Straughter v. State

770 So. 2d 1251, 2000 Fla. App. LEXIS 13964, 2000 WL 1616939

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 2000

DocketNo. 1D99-548

StatusPublished

This text of 770 So. 2d 1251 (Straughter 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.

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Straughter v. State, 770 So. 2d 1251, 2000 Fla. App. LEXIS 13964, 2000 WL 1616939 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

We affirm the issues raised in Willie Slaughter’s appeal of his convictions for sexual battery and escape. See Miller v. State, 667 So.2d 325 (Fla. 1st DCA 1995); and see State v. Ramsey, 475 So.2d 671 (Fla.1985). Howéver, as for the issue raised by the state on cross-appeal, the trial court’s holding that the Prison Re-leasee Reoffender Act (“Act”) is unconstitutional is erroneous and is reversed. See State v. Cotton, 769 So.2d 345 (Fla.2000). The cause is remanded for a determination as to whether appellant qualifies for sentencing under the Act. See State v. Cole[1252]*1252man, 761 So.2d 323 (Fla.2000); State v. Young, 766 So.2d 425 (Fla. 1st DCA 2000).

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

JOANOS, LAWRENCE AND VAN NORTWICK, JJ., CONCUR.

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PER CURIAM.

We affirm the issues raised in Willie Slaughter’s appeal of his convictions for sexual battery and escape. See Miller v. State, 667 So.2d 325 (Fla. 1st DCA 1995); and see State v. Ramsey, 475 So.2d 671 (Fla.1985). Howéver, as for the issue raised by the state on cross-appeal, the trial court’s holding that the Prison Re-leasee Reoffender Act (“Act”) is unconstitutional is erroneous and is reversed. See State v. Cotton, 769 So.2d 345 (Fla.2000). The cause is remanded for a determination as to whether appellant qualifies for sentencing under the Act. See State v. Cole[1252]*1252man, 761 So.2d 323 (Fla.2000); State v. Young, 766 So.2d 425 (Fla. 1st DCA 2000).

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

JOANOS, LAWRENCE AND VAN NORTWICK, JJ., CONCUR.

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770 So. 2d 1251, 2000 Fla. App. LEXIS 13964, 2000 WL 1616939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straughter-v-state-fladistctapp-2000.

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