WARNELL ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the appellant's convictions and sentences, finding no merit in constitutional challenges to the prison releasee reoffender statute.
Appellant was convicted of battery on a law enforcement officer and resisting arrest with violence and sentenced under the prison releasee reoffender …
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PER CURIAM.
We affirm appellant’s convictions and sentences for battery on a law enforcement officer and resisting arrest with violence. We address only the issues concerning appellant’s sentence under the prison releasee reoffender statute.
Appellant, sentenced as a prison releas-ee reoffender under section 775.082(8), Florida Statutes (1997), raises numerous constitutional challenges to the statute. Appellant’s arguments are without merit. Tuner v. State, 745 So. 2d 535 (Fla. 1st DCA 1999); Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), review granted, 740 So. 2d 529 (Fla.1999); Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998), review denied, 727 So. 2d 909 (Fla.1999).
As in Woods v. State, supra, we certify the following question as one 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., LAWRENCE and BROWNING, JJ., CONCUR.
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Warnell Robinson v. State, 793 So. 2d 891 (Fla. 2001)…LEWIS, J. We have for review Robinson v. State, 751 So. 2d 737 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The petitioner challenges his sentence under the Prison Releasee Reoffender Act (the “Act”) on several grounds, many of which have been previously addressed by opinions o…
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Jenkins v. State, 884 So. 2d 1014 (Fla. 1st DCA 2004)…f physical force or violence against an individual.” See Branch v. State, 790 So. 2d 437 (Fla. 1st DCA 2000); Brown v. State, 789 So. 2d 366 (Fla. 2d DCA 2001); Spann v. State, 772 So. 2d 38 (Fla. 4th DCA 2000) (en banc). See also Robinson v. State, 751 So. 2d 737 (Fla. 1st DCA 2000), approved in part, 793 So. 2d 891 (Fla.2001). None of the above cases, however, has addressed the-issue now before us. Jenkins’ conviction for battery of an LEO was based upon evidence showing that he drove his vehicle toward Of…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998)
- Durden v. State, 743 So. 2d 77 (Fla. 1st DCA 1999)
- Turner v. State, 745 So. 2d 535 (Fla. 1st DCA 1999)