FREDRICK SNELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
This appeal arises from Appellant’s sentence as a prison releasee reoffender. We reject Appellant’s numerous challenges to the constitutionality of section 775.082(8), Florida Statutes (1997). See Chambers v. State, 752 So. 2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So. 2d 351, 352 (Fla. 1st DCA 1999) (citing Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), rev. granted, 740 So. 2d 529 (Fla.1999)). We affirm all other issues without further comment.
Accordingly, we affirm Appellant’s sentence. However, as in Woods, we certify the following question to the Florida Supreme Court as a matter 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?
BOOTH, LAWRENCE and DAVIS, JJ., CONCUR.
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Fredrick Snell v. State, 777 So. 2d 972 (Fla. 2001)…[*973] LEWIS, J. We have for review Snell v. State, 752 So. 2d 95 (Fla. 1st DCA 2000), in which the district court certified the same question of great public importance that it had in Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999) approved sub nom. State v. Cotton, 769 So. 2d 345 (Fla.2000).1 We have jurisdict…
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Snell v. State, 849 So. 2d 1139 (Fla. 1st DCA 2003)…llowing day, September 29, 1998, a timely notice of appeal directed to the underlying judgment and sentence was filed. Snell’s conviction and sentence were affirmed by this court and that decision was approved by the supreme court in Snell v. State, 752 So. 2d 95 (Fla. 1st DCA 2000), approved, 777 So. 2d 972 (Fla.2001). Mandate in the direct appeal ultimately issued on March 5, 2001. According to petitioner’s sworn allegations, he was not timely furnished a copy of the September 1998 order and did not learn…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Mundy v. State, 745 So. 2d 351 (Fla. 1st DCA 1999)
- Verro Chambers v. State, 752 So. 2d 64 (Fla. 1st DCA 2000)