McKinney v. State

Full title: LEONARD McKINNEY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 1, 2000

751 So. 2d 766 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D98-2395.

Opinion filed March 1, 2000.

Appeal from Circuit Court for Duval County, Brad Stetson, Judge.

Nancy A. Daniels, Public Defender, and Fred Parker Bingham II, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Charmaine Millsaps, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appealed orders are affirmed. As in Woods v. State, 740 So.2d 20 (Fla. 1st DCA), rev. granted, 740 So.2d 529 (Fla. 1999), we certify the following 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?

BARFIELD, C.J., ALLEN and LAWRENCE, JJ., CONCUR.