STATE OF FLORIDA, APPELLANT,
v.
DARRYL JOHNSON, APPELLEE

Fla. 2d DCA | 1999-08-11
No. 98-03019
THREADGILL, A.C.J., GREEN and STRINGER, JJ., Concur.
743 So. 2d 45 Florida District Court of Appeal, Second District (1999) Negative Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the sentence imposed. See State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998)(holding that the trial court has discretion to determine whether a defendant should be sentenced as a Prison Re-leasee Reoffender under the Prison Re-leasee Reoffender Act). See also Coleman v. State, 24 Fla. L. Weekly D1324, 739 So. 2d 626 (Fla. 2d DCA 1999); State v. Cowart, 24 Fla. L. Weekly D1085, — So. 2d -, 1999 WL 245876 (Fla. 2d DCA Apr.28, 1999); State v. Wise, 24 Fla. L. Weekly D657, 744 So. 2d 1035 (Fla. 4th DCA 1999). We acknowledge and certify conflict with Woods v. State, 24 Fla. L. Weekly D831, 740 So. 2d 20 (Fla. 1st DCA 1999), and McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999).

Affirmed; conflict certified.

THREADGILL, A.C.J., GREEN and STRINGER, JJ., Concur.


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    …PER CURIAM. We have for review the decision in State v. Johnson, 743 So. 2d 45 (Fla. 2d DCA 1999), in which the district court affirmed the lower court’s sentencing decision based upon State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998)(holding that the trial court has discretion to determine whether a defendant should be sente…

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