McDowell v. State

Full title: JIMMY McDOWELL, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 19, 2000

764 So. 2d 619 (Fla. Dist. Ct. App. 2000)

Opinion

No. 99-0231

Opinion filed January 19, 2000

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard L. Oftedal, Judge; L.T. No. 97-11653 CFA02.

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

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. See Rollinson v. State, 743 So.2d 585 (Fla. 4th DCA 1999); Simmons v. State, 24 Fla. L. Weekly D1830 (Fla. 4th DCA Aug. 4, 1998). We certify the same question certified in Simmons 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?

STEVENSON, SHAHOOD and GROSS, JJ., concur.