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Straughter v. State

District Court of Appeal of Florida, First District
Oct 31, 2000
770 So. 2d 1251 (Fla. Dist. Ct. App. 2000)

Opinion

No.: 1D99-548.

Opinion filed October 31, 2000.

An appeal from the Circuit Court for Madison County, John W. Peach, Judge.

AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion.

Nancy A. Daniels, Public Defender and Steven A. Been, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Lori D. Stith, Assistant Attorney General, Tallahassee, for Appellee.


We affirm the issues raised in Willie Straughter's appeal of his convictions for sexual battery and escape. See Miller v. State, 667 So.2d 325 (Fla. 1st DCA 1995); and see Ramsey v. State, 475 So.2d 671 (Fla. 1985). However, as for the issue raised by the state on cross-appeal, the trial court's holding that the Prison Releasee Reoffender Act ("Act") is unconstitutional is erroneous and is reversed. See State v. Cotton, 769 So.2d 345, 25 Fla. L. Weekly S463 (Fla. June 15, 2000). The cause is remanded for a determination as to whether appellant qualifies for sentencing under the Act. See State v. Coleman, 761 So.2d 323 (Fla. 2000); State v. Young, 761 So.2d 323, 25 Fla. L. Weekly D2106 (Fla. 1st DCA August 25, 2000).

Joanos, Lawrence And Van Nortwick, JJ., Concur.


Summaries of

Straughter v. State

District Court of Appeal of Florida, First District
Oct 31, 2000
770 So. 2d 1251 (Fla. Dist. Ct. App. 2000)
Case details for

Straughter v. State

Case Details

Full title:WILLIE A. STRAUGHTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 31, 2000

Citations

770 So. 2d 1251 (Fla. Dist. Ct. App. 2000)