Opinion
No. 98-2726.
Opinion filed June 11, 1999. Order Granting Certification August 6, 1999.
Appeal from the Circuit Court for Marion County, Carven Angel, Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.
Larry Carl Cook appeals his conviction and sentencing for robbery with a firearm and resisting arrest without violence. Cook was sentenced to a mandatory term of life imprisonment pursuant to section 775.082(8), Florida Statutes (1997), the Prison Releasee Reoffender Punishment Act. He argues that the Act is unconstitutional. We disagree and affirm. See Speed v. State, 24 Fla. L. Weekly D1017, 732 So.2d 17 (Fla. 5th DCA April 23, 1999);Woods v. State, 24 Fla. L. Weekly D831, 740 So.2d 20 (Fla. 1st DCA March 26, 1999); McKnight v. State, 727 So.2d 314 (Fla. 3d DCA 1999).
§ 812.13(2)(a), Fla. Stat. (1997)
§ 843.02, Fla. Stat. (1997)
AFFIRMED.
COBB and HARRIS, JJ., concur.
ON MOTION TO CERTIFY
THOMPSON, J.
We grant the Appellant's Motion to Cerfify and certify the following question as one of great public importance:
DOES THE PRISON RELEASE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?
COBB and HARRIS, J.J., concur.