LARRY CARL COOK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, J.
Larry Carl Cook appeals his conviction and sentencing for robbery with a firearm1 and resisting arrest without violence.2 Cook was sentenced to a mandatory term of life imprisonment pursuant to section 775.082(8), Florida Statutes (1997), the Prison Releasee Reoffender Punishment Act. He argues that the Act is unconstitutional.
We disagree and affirm. See Speed v. State, 24 Fla.
L. Weekly D1017, 732 So. 2d 17 (Fla. 5th DCA 1999); Woods v. State, 24 Fla.
L. Weekly D831, 740 So. 2d 20 (Fla. 1st DCA 1999); McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999). AFFIRMED.
COBB and HARRIS, JJ., concur. ON MOTION TO CERTIFY THOMPSON, J.
We grant the Appellant’s Motion to Certify and certify the following question as one of great public importance: DOES THE PRISON RELEASE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION? COBB and HARRIS, JJ., concur. . § 812.13(2)(a), Fla. Stat. (1997) . § 843.02, Fla. Stat. (1997)
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Kisner v. State, 768 So. 2d 1107 (Fla. 5th DCA 2000)…an.6, 2000); Robinson v. State, 742 So. 2d 863 (Fla. 5th DCA 1999), review granted, Table No. SC96976, 761 So. 2d 331 (Fla. Feb. 21, 2000); Moon v. State, 737 So. 2d 655 (Fla. 5th DCA 1999), review granted, 751 So. 2d 1253 (Fla.2000); Cook v. State, 737 So. 2d 569 (Fla. 5th DCA 1999), review granted, Table No. SC96399, 761 So. 2d 327 (Fla. Feb 21, 2000). Kisner’s second argument is that the Prison Releasee Reoffender Act is unconstitutional because it denies due process of law. This argument was raised, sua…
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Gonzales v. State, 762 So. 2d 920 (Fla. 3d DCA 1999)…738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). . The same question has been certified in other cases. See, e.g., Moore v. State, 729 [*921] So. 2d 541 (Fla. 1st DCA 1999), review granted, No. 95,604, 741 So. 2d 1136 (Fla. Sept. 2, 1999); Cook v. State, 737 So. 2d 569 (Fla. 5th DCA 1999); Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999); Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999); Reyes v. State, 742 So. 2d 825 (Fla. 1st DCA 1999); Gray v. State, 742 So. 2d 805 (Fla. 5th DCA 1999).…
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Smith v. State, 753 So. 2d 703 (Fla. 5th DCA 2000)…v. State, 742 So. 2d 805 (Fla. 5th DCA 1999), rev. granted, Case No. 96,765, 751 So. 2d 1252 (Fla. Jan. 18, 2000); Moon v. State, 737 So. 2d 655 (Fla. 5th DCA 1999), rev. granted, Case No. 96,459, 751 So. 2d 1253 (Fla, Jan. 6, 2000); Cook v. State, 737 So. 2d 569 (Fla. 5th DCA 1999). Section 775.082(8), Florida Statutes (1997) provides in part: (8)(a)l. “Prison releasee reoffender” means any defendant who commits, or attempts to commit: * * * g. Robbery; within 3 years of being released from a state cor…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999)
- McKNIGHT v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)