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Rooney v. State

District Court of Appeal of Florida, Fourth District
May 3, 2000
756 So. 2d 1100 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D99-2384.

Opinion filed May 3, 2000.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Marc A. Cianca, Judge; L.T. No. 98-3943 CFA.

Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.


Appellant, Patrick Rooney, appeals from his judgment and sentence following his plea of no contest to one felony and two misdemeanor charges. Appellant, who was sentenced pursuant to the Prison Releasee Reoffender Punishment Act, section 775.082, Florida Statutes (1997), asserts that the Act is unconstitutional due to violations of the: single subject rule; separation of powers doctrine; prohibition against cruel or unusual punishment; and prohibition against vagueness.

We affirm as to all issues raised. As in Simmons v. State, 24 Fla. L. Weekly D1830 (Fla.4th DCA Aug. 4, 1999), rev. granted, No. SC96465 (Fla. Jan. 18, 2000), with respect to the separation of powers argument, we certify the following question to the Florida Supreme Court as one of great public importance:

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?

See also Woods v. State, 740 So.2d 20, (Fla. 1st DCA), rev. granted, 740 So.2d 529 (Fla. 1999).

AFFIRMED.

GUNTHER and GROSS, JJ., concur.


Summaries of

Rooney v. State

District Court of Appeal of Florida, Fourth District
May 3, 2000
756 So. 2d 1100 (Fla. Dist. Ct. App. 2000)
Case details for

Rooney v. State

Case Details

Full title:PATRICK ROONEY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 3, 2000

Citations

756 So. 2d 1100 (Fla. Dist. Ct. App. 2000)

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