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Lowe v. State

District Court of Appeal of Florida, First District
Mar 27, 2000
753 So. 2d 783 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-0302.

Opinion filed March 27, 2000.

An appeal from the Circuit Court for Leon County, J. Lewis Hall, Jr., Judge.

Nancy A. Daniels, Public Defender; Judith Dougherty Hall, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Karen M. Holland and Trisha E. Meggs, Assistant Attorneys General, Tallahassee, for Appellee.


Appellant, David Lowe, appeals his conviction and the sentence imposed pursuant to section, 775.082, Florida Statutes (1997), the "Prison Releasee Reoffender Act." Appellant challenges both the constitutionality of the act, and the application of the act to his conviction for battery. We do not address the constitutional challenges suggested by appellant, because they previously have been discussed and rejected by this court and other district courts of appeal. See, generally,Chambers v. State, 752 So.2d 64 (Fla. 1st DCA 2000)[25 Fla. L. Weekly D387], and cases cited therein. However, we reverse the application of prison releasee reoffender sentencing in this case, and remand for resentencing under the guidelines. See State of Florida v. Warren, No. 1D99-1560, 755 So.2d 145, 2000 WL 220432 (Fla. 1st DCA Feb. 28, 2000).

Accordingly, this cause is REVERSED and REMANDED for resentencing pursuant to the Florida Sentencing Guidelines.

MINER and DAVIS, JJ., CONCUR.


Summaries of

Lowe v. State

District Court of Appeal of Florida, First District
Mar 27, 2000
753 So. 2d 783 (Fla. Dist. Ct. App. 2000)
Case details for

Lowe v. State

Case Details

Full title:DAVID LOWE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 27, 2000

Citations

753 So. 2d 783 (Fla. Dist. Ct. App. 2000)