Myers v. State

Full title: DAVID MYERS, Petitioner v. STATE OF FLORIDA, Respondent

Court: Supreme Court of Florida

Date published: Aug 24, 2000

767 So. 2d 441 (Fla. 2000)

Opinion

No. SC00-98.

Opinion filed August 24, 2000.

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions.

Fifth District — No. 5D99-1157

(Seminole County)

James B. Gibson, Public Defender, and Jane C. Almy-Loewinger, Assistant Attorney General, Daytona Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, Florida, for Respondent.

PER CURIAM.

We have for review the decision in Myers v. State, 747 So.2d 1049 (Fla. 5th DCA 2000), in which the Fifth District certified conflict with State v. Wise, 744 So.2d 1035 (Fla. 4th DCA 1999), and State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We recently approved the First District's opinion in Woods, holding that the Prisoner Releasee Reoffender Act, as properly interpreted by the First District, does not violate separation of powers, and rejecting other constitutional challenges to the Act.See State v. Cotton, 25 Fla. L. Weekly S463 (Fla. June 15, 2000). Accordingly, we approve the Fifth District's decision in Myers.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, and LEWIS, JJ., concur.

QUINCE, J., dissents with an opinion.

QUINCE, J., dissenting.

I dissent for the reasons stated in my dissent in State v. Cotton, 25 Fla. L. Weekly S463 (Fla. June 15, 2000).