Kisner v. State

Full title: ROBERT JAMES KISNER, Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 31, 2000

No. 5D99-2605 (Fla. Dist. Ct. App. Aug. 31, 2000)

Opinion

No. 5D99-2605.

Opinion filed August 31, 2000.

Appeal from the Circuit Court for Brevard County, Tonya Rainwater, Judge.

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

UPON MOTION FOR REHEARING

PETERSON, J.

We grant the State of Florida's motion for rehearing in which it requests that we reconsider our opinion that certified the issue of the constitutionality of the Prison Releasee Reoffender Act. The Florida Supreme Court has since upheld the constitutionality of the Act. See Cotton v. State, 25 Fla. L. Weekly S536 (Fla. 2000).

We therefore affirm Kisner's judgment and sentence.

MOTION GRANTED; JUDGMENT AND SENTENCE AFFIRMED.

HARRIS and PLEUS, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.