VIRGIL MONTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VIRGIL MONTS, APPELLANT,
STATE OF FLORIDA, APPELLEE
745 So. 2d 1125
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant in this direct criminal appeal raises two constitutional challenges to his sentences imposed pursuant to section 775.082(8), Florida Statutes (1997), the “Prison Releasee Reoffender Punishment Act.” We previously rejected the separation of powers challenge in Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999), and the single subject challenge in Jackson v. State, 744 So. 2d 466 (Fla. 1st DCA 1999). The appellant’s sentences are accordingly affirmed.
ALLEN, WOLF and VAN NORTWICK, JJ„ CONCUR.
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Citator
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Maddox v. Maddox, 750 So. 2d 693 (Fla. 1st DCA 2000)…us encumbrances until she began the effort of redeeming the property from foreclosure. Under well-established statutory and case law, an interspousal gift during the marriage is a marital asset. See § 61.075(3), Fla. Stat. (1997); Colley v. Colley, 745 So. 2d 1125 (Fla. 1st DCA 1999). Accordingly, the circuit judge erred in concluding that because the property was a gift from Mr. Maddox to Mrs. Maddox, it was not marital property subject to equitable distribution. Nevertheless, the judge made sufficient findi…
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Veda Sherrill Wimberly v. Wimberly, 840 So. 2d 1114 (Fla. 1st DCA 2003)…g assets as marital or nonmarital, determine the values, and make findings of fact regarding the distribution as required by section 61.075(3), Florida Statutes (2000). See Green v. Green, 788 So. 2d 1083, 1085 (Fla. 1st DCA 2001); Colley v. Colley, 745 So. 2d 1125, 1125 (Fla. 1st DCA 1999); Prom v. Prom, 589 So. 2d 1363, 1364 (Fla. 1st DCA 1991). REVERSED and REMANDED. BARFIELD, KAHN and PADOVANO, JJ., concur.…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Lamarian Jackson v. State, 744 So. 2d 466 (Fla. 1st DCA 1999)