Marzullo v. State

Full title: BENNY NICK MARZULLO, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Dec 16, 1999

791 So. 2d 1 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-4452

Opinion filed December 16, 1999

An appeal from the Circuit Court for Bay County, Don T. Sirmons, Judge.

Nancy A. Daniels, Public Defender; David A. Davis, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. However, as we did in Woods v. State, 740 So.2d 20 (Fla. 1st DCA), review granted, No. 95,281 (Fla. Aug. 23, 1999), we certify the following question to the Florida Supreme Court:

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?

BOOTH, MINER and KAHN, JJ., CONCUR.