STEVEN ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1999-10-29
No. 99-617
COBB and GRIFFIN, JJ., concur.
742 So. 2d 863 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 6 cases
Topics
Possession Of Drug Paraphernalia Possession Of Cocaine Robbery Separation Of Powers

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Opinion of the Court
W. SHARP, J.

Robinson appeals from his judgment and sentence after a jury convicted him of robbery1 (Count I); possession of cocaine2 (Count II), and possession of drug paraphernalia 3 (Count IV). A third count for possession of cannabis, was nolle prossed by the state. We certify this case to the supreme court.4

At issue here is the constitutionality of the Prison Releasee Reoffender Punishment Act (the “Act”), based on the separation of powers doctrine. This court has held that the Act does not violate the separation of power doctrine. Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999). However, Robinson argues that the supreme court has held that similarly situated litigants should have similar opportunities for review in the courts of this state. In Jollie v. State, 405 So. 2d 418 (Fla.1981), the court held that a district court opinion, which cites as controlling authority a decision that is pending for review in the supreme court, constitutes express conflict and allows the supreme court to exercise its jurisdiction. The supreme court has taken jurisdiction in State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998), review granted, 737 So. 2d 551 (Fla.1999), which conflicts with our opinion in Speed.

We therefore certify the question to the supreme court.

COBB and GRIFFIN, JJ., concur. . § 812.13, Fla. Stat. (1997), a second degree felony.

. § 893.13(6), Fla. Stat. (1997), a third degree felony.

. § 893.147(1), Fla. Stat. (1997), a misdemeanor. . Fla. R. App. P. 9.030(a)(2)(iv),(vi).

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Citator

Cited By

  • Kisner v. State, 768 So. 2d 1107 (Fla. 5th DCA 2000)
    …Fla. 5th DCA), review granted, 743 So. 2d 15 (1999). But, we certify the issue to the Florida Supreme Court as we did in Richardson v. State, 748 So. 2d 1042 (Fla. 5th DCA 1999), review granted, 751 So. 2d 1253 (Fla. Jan.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 gra…
  • Smith v. State, 753 So. 2d 703 (Fla. 5th DCA 2000)
    …on on the constitutionality of the Prison Releasee Reoffender Act that we have previously certified. See Richardson v. State, 748 So. 2d 1042 (Fla. 5th DCA 1999), rev. granted, Case No. 96,764, 751 So. 2d 1253 (Fla. Jan. 6, 2000); Robinson v. State, 742 So. 2d 863 (Fla. 5th DCA 1999); Gray 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.…
  • Brooks v. State, 753 So. 2d 776 (Fla. 5th DCA 2000)
    …ss. See Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999), rev. granted, 740 So. 2d 529 (Fla.1999). We also affirm on the separation of powers argument based on Speed v. State, 122, So. 2d 17 (Fla. 5th DCA 1999), but, as we did in Robinson v. State, 742 So. 2d 863 (Fla. 5th DCA 1999), we certify the issue to the Florida Supreme Court. Brooks next argues, and we agree, that it was error to enhance his sentence both under the Prison Releasee Reoffender Act and under the habitual offender statute. See Lewis v.…

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