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Nichols v. State

District Court of Appeal of Florida, First District
Apr 12, 2000
755 So. 2d 782 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-531.

Opinion filed April 12, 2000.

An appeal from the Circuit Court for Santa Rosa County, Judge Kenneth B. Bell.

Nancy A. Daniels, Public Defender and Jamie Spivey, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General and Charmaine M. Millsaps, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


All of the constitutional challenges to the Prison Releasee Reoffender Punishment Act asserted by the defendant in this case have been rejected by the court in other cases. See Smith v. State, 2000 WL 266317, 754 So.2d 100; (Fla. 1st DCA No. 98-656, March 12, 2000) (certifying conflict with Adams v. State, 24 Fla. L. Weekly D2394 (Fla. 4th DCA 1999)); Crump v. State, 746 So.2d 558 (Fla. 1st DCA 1999); Chambers v. State, 25 Fla. L. Weekly D387 (Fla. 1st DCA February 11, 2000); Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999); Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999). Here, as in Woods, we certify the following question to the Supreme Court as a question 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?

Affirmed.

BARFIELD, C.J., VAN NORTWICK and PADOVANO, JJ., CONCUR.


Summaries of

Nichols v. State

District Court of Appeal of Florida, First District
Apr 12, 2000
755 So. 2d 782 (Fla. Dist. Ct. App. 2000)
Case details for

Nichols v. State

Case Details

Full title:DEREK DELAUGHN NICHOLS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 12, 2000

Citations

755 So. 2d 782 (Fla. Dist. Ct. App. 2000)

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