Clarke v. State

Full title: FRED REUBEN CLARKE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Nov 1, 1999

765 So. 2d 726 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1035

Opinion filed November 1, 1999.

An appeal from the Circuit Court for Bay County, Don T. Sirmons, Judge.

Nancy A. Daniels, Public Defender; Robert Freidman, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

We find appellant's first two issues to be without merit and affirm them without discussion. On the third issue, we also affirm but certify the same question of great public importance as in Woods v. State, 24 Fla. L. Weekly D831 (Fla. 1st DCA March 26, 1999), review granted, No. 95,281 (Fla. Aug. 23, 1999):

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?

AFFIRMED; question certified.

BARFIELD, C.J., MINER and ALLEN, JJ., CONCUR.