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Newby v. State

District Court of Appeal of Florida, First District
Mar 17, 2000
790 So. 2d 436 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D98-3510.

March 17, 2000.

An appeal from the Circuit Court for Leon County. George S. Reynolds, III, Judge.

Nancy Daniels, Public Defender, and Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.


Appellant was sentenced as a prison releasee reoffender, and he has raised two arguments that the Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997), is unconstitutional. We have previously addressed both of these challenges and found them each to be without merit. See Chambers v. State, 752 So.2d 64 (Fla. 1st DCA 2000). However, we certify the same question previously certified in Woods v. State, 740 So.2d 20 (Fla. 1st DCA), review granted, 740 So.2d 529 (Fla. 1999).

AFFIRMED.

MINER, BENTON and BROWNING, JJ. CONCUR.


Summaries of

Newby v. State

District Court of Appeal of Florida, First District
Mar 17, 2000
790 So. 2d 436 (Fla. Dist. Ct. App. 2000)
Case details for

Newby v. State

Case Details

Full title:Herbert NEWBY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 17, 2000

Citations

790 So. 2d 436 (Fla. Dist. Ct. App. 2000)