ROOSEVELT RICHARDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, J.
Roosevelt Richardson appeals from sentence which was enhanced pursuant to the Prison Releasee Reoffender Act, section 775.082(8)(a), Florida Statutes. He contends that the statute is invalid because it violates the constitutional principle of separation of powers. We affirm. See Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999).
AFFIRMED.
DAUKSCH and GOSHORN, JJ., concur. ON MOTION FOR CERTIFICATION
THOMPSON, J.
We grant appellant’s motion for certification pursuant to Florida Rule of Appellate Procedure 9.330(a), and certify the following question as one 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?
Motion for Certification GRANTED.
DAUKSCH and GOSHORN, JJ., concur.
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State v. Cotton, 769 So. 2d 345 (Fla. 2000)…ute nullifies our reading of the statute in State v. Wise ”)(citing Ch. 99-188, Laws of Fla. (1998 Supp.)). . The same question has been certified in other cases. See, e.g., Gonzales v. State, 762 So. 2d 920 (Fla. 3d DCA 1999); Richardson v. State, 748 So. 2d 1042 (Fla. 5th DCA 1999); Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999). . As observed by the First District in the Woods opinion: Because we conclude that the language of the Act is clear and unambiguous, we find it unnecessary to rely on legis…
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Hayes v. State, 803 So. 2d 695 (Fla. 2001)…PARIENTE, J. We have for review Hayes v. State, 748 So. 2d 1042, 1045 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the Fifth District Court of Appeal’s decision in Castleberry v. State, 402 So. 2d 1281 (Fla. 5th DCA 1981), on the issue of whether a defendant may be sepa…
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Kisner v. State, 768 So. 2d 1107 (Fla. 5th DCA 2000)…on of powers defect. We affirm on the separation of powers argument based on Speed v. State, 732 So. 2d 17 (Fla. 5th DCA), review granted, 743 So. 2d 15 (1999). But, we certify the issue to the Florida Supreme Court as we did in Richardson v. State, 748 So. 2d 1042 (Fla. 5th DCA 1999), review granted, 751 So. 2d 1253 (Fla. Jan.6, 2000); Robinson v. State, 742 So. 2d 863 (Fla. 5th DCA 1999), review granted, Table No. SC96976, 761 So. 2d 331 (Fla. Feb. 21, 2000); Moon v. State, 737 So. 2d 655 (Fla. 5th DCA 1999)…
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- Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999)