Simmons v. State

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

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 4, 1999

755 So. 2d 682 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2792.

Opinion filed August 4, 1999.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Mary Lupo, Judge; L.T. No. 98-332 CFA02.

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See State v. Woods, 24 Fla. L. Weekly D831 (Fla. 1st DCA March 26, 1999). We certify the same question certified in Woods 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?

STONE, KLEIN and STEVENSON, JJ., concur.