ROBERT F. MEDINA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Prison Releasee Reoffender Punishment Act cannot be applied to burglary of an unoccupied dwelling as determined by State v. Huggins, and the PRRP does not violate the Florida Constitution on single subject, separation of powers, cruel and unusual punishment, vagueness, due process, equal protection, or overbreadth grounds.
[1] The applicability of the Prison Releasee Reoffender Punishment Act to specific crimes is determined by reference to appellate precedent establishing which offenses qualif…
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Join FLexlaw to unlock all legal intelligenceRobert Medina challenged his sentencing under the Prison Releasee Reoffender Punishment Act (PRRP) for the crime of burglary of an unoccupied dwelling…
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QUINCE, J.
We have for review the decision in Medina v. State, 758 So. 2d 113 (Fla. 2d DCA 2000), which certified conflict with the decision in State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999), approved, 802 So .2d 276 (Fla.2001). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Robert Medina raises two issues before this Court. First, he argues that the Prison Releasee Reoffender Punishment Act (PRRP) cannot be applied to the crime of burglary of an unoccupied dwelling. On this issue we quash the decision of the Second District and remand for reconsideration upon application of our decision in State v. Huggins, 802 So. 2d 276 (Fla.2001).
The second issue involves various constitutional challenges to the PRRP.1 The Second District denied the constitutional challenges and held that all of these issues have been resolved, citing Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999), approved in part and quashed in part, 770 So. 2d 655 (Fla.2000). As to the constitutional challenges, we approve the decision of the Second District based on our decisions in Grant v. State, 770 So. 2d 655 (Fla.2000), and State v. Cotton, 769 So. 2d 345 (Fla.2000).
It is so ordered.
SHAW, ANSTEAD, HARDING and PARIENTE, JJ., concur. LEWIS, J., concurs in part and dissents in part with an opinion, in which WELLS, C.J., concurs.
. The various constitutional challenges are: the PRRP violates the single subject rule, violates separation of powers, imposes cruel and unusual punishment, is void for vagueness, violates due process, violates equal protection, and is overbroad.
LEWIS, J.,
concurring in part and dissenting in part.
I agree with the majority that the PRRP is constitutional. However, with respect to the question of whether burglary of a dwelling, whether occupied or not, qualifies the defendant for prison releasee reoffender sentencing, I respectfully dissent for the reasons stated in my dissenting opinion, and for the reasons set forth in the dissenting opinion of Chief Justice Wells, in State v. Huggins, 802 So. 2d 276 (Fla.2001).
WELLS, C.J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- State v. Huggins, 802 So. 2d 276 (Fla. 2001)
- State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999)
- Ames v. State, 745 So. 2d 519 (Fla. 3d DCA 1999)
- Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999)
- Medina v. State, 758 So. 2d 113 (Fla. 2d DCA 2000)