Saulsberry v. State

Full title: LARRY SAULSBERRY, Appellant v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 7, 2000

No. 4D99-1680 (Fla. Dist. Ct. App. Jun. 7, 2000)

Opinion

No. 4D99-1680.

Opinion filed June 7, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. No. 98-8637 CF10A.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, C.J.

Appellant was convicted of indecent assault and sentenced as a prison releasee reoffender and, alternatively, as a habitual felony offender. We affirm appellant's conviction. However, the trial court erred in sentencing appellant alternatively under the Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997), and the Habitual Felony Offender Act, section 775.084, Florida Statutes (1997). See Mendez v. State, No. 4D99-0982, 2000 WL 690167 (Fla. 4th DCA May 31, 2000). We therefore reverse for the imposition of only one sentence.

As in Simmons v. State, 24 Fla. L. Weekly D1830 (Fla. 4th DCA Aug. 4, 1999), rev. granted, 751 So.2d 1253 (Fla. 2000), 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).

Reversed and remanded for resentencing.

STONE and POLEN, JJ., concur.

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