Opinion
No. SC99-155.
Opinion filed February 1, 2001.
Application for Review of the Decision of the District Court of Appeal; Certified Direct Conflict Fifth District; Case No. 5D99-1188 (Orange County).
James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, and Kellie A. Nielan and Kristen L. Davenport, Assistant Attorneys General, Daytona Beach, Florida, for Respondent.
We have for review the decision in Coulson v. State, 745 So.2d 588 (Fla. 5th DCA 1999), in which the Fifth District, in affirming the decision of the trial court, relied on its decision in Speed v. State, 732 So.2d 17 (Fla. 5th DCA 1999), approved, No. SC95706 (Fla. Feb. 1, 2001), but certified conflict with State v. Wise, 744 So.2d 1035 (Fla. 4th DCA 1999), quashed, 762 So.2d 523 (Fla. 2000).
We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
We recently held that the Prisoner Releasee Reoffender Act does not violate separation of powers, and rejected other constitutional challenges to the Act. See State v. Cotton, 769 So.2d 345 (Fla. 2000). For the reasons expressed in Cotton, we have since approved the Fifth District's decision in Speed. See Speed v. State, No. SC95706 (Fla. Feb. 1, 2001). Accordingly, we similarly approve the Fifth District's decision in this case.
It is so ordered.
Wells, C.J., and Shaw, Harding, Anstead and Pariente, JJ, Concur.
Quince, J., Dissents with an opinion.
I dissent for the reasons stated in my dissent in State v. Cotton, 769 So.2d 345, 358-59 (Fla. 2000).