NATHANIEL HEATH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the appellant's sentence under the Prison Releasee Reoffender Punishment Act, rejecting constitutional challenges and holding that the statute applies to burglary of an unoccupied dwelling, while certifying a separation of powers question and a conflict with the Fourth District as matters of great public importance.
Section 775.082(8), Florida Statutes, applies to burglary of an unoccupied dwelling and does not violate constitutional challenges raised by the appellant.
[1] The Prison Releasee Reoffender Punishment Act, codified as section 775.082(8), Florida Statutes, applies to the offense of burglary of an unoccupied dwelling.
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Join FLexlaw to unlock all legal intelligenceAppellant Heath was sentenced under section 775.082(8), Florida Statutes, and challenged the sentence on constitutional grounds and on the basis that …
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PER CURIAM.
Appellant raises various constitutional challenges to section 775.082(8), Florida Statutes, all of which this court has rejected in previous opinions. See Chambers v. State, 752 So. 2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So. 2d 351 (Fla. 1st DCA 1999), citing Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), review granted 740 So. 2d 529 (Fla.1999). Consistent with those cases, we affirm as to the constitutional challenges, but certify the following 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?
Appellant also challenges his sentence on the basis that section 775.082(8), Florida Statutes (1997), does not apply to the offense of burglary of an unoccupied dwelling. See section 775.082(8)(a)l.q, Fla. Stat. (1997). Currently, the Second and Fourth Districts are in conflict with regard to this issue. See Medina v. State, Case No. 2D99-1313, - So. 2d -, 2000 WL 44113 (Fla. 2d DCA January 21, 2000), and State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999). Recently, in Foresta v. State, 751 So. 2d 738 (Fla. 1st DCA 2000), this court aligned itself with the Second District, ruling that the prison releasee reof-fender statute applies to burglary of an unoccupied dwelling. Therefore, we affirm as to this issue, but certify conflict with the Fourth District.
AFFIRMED.
BOOTH, JOANOS and WEBSTER, JJ., Concur.
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Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000)…State, 751 So. 2d 738, 739 (Fla. 1st DCA 2000), review granted, Table, No. SC00-428, 767 So. 2d 456 (Fla.2000); State v. Young, 766 So. 2d 425, 427 (Fla. 1st DCA Aug.25, 2000); Hicks v. State, 755 So. 2d 815, 815 (Fla. 1st DCA 2000); Heath v. State, 753 So. 2d 795 (Fla. 1st DCA 2000) (certifying conflict with Huggins). The trial court on remand should also correct the scrivener’s error in Mr. Gibson’s original judgment, which cites incorrect statute numbers for burglary and attempt. Reversed and remanded.…
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Brinson v. State, 784 So. 2d 533 (Fla. 5th DCA 2001)…case involving the burglary of an unoccupied dwelling. At the time the state appealed, there was a conflict among the First, Second, and Fourth District Courts of Appeal whether PRR applied to burglary of an unoccupied dwelling. See Heath v. State, 753 So. 2d 795 (Fla. 1st DCA 2000); Medina v. State, [*534] 751 So. 2d 138, 139 (Fla. 2d DCA) review granted 760 So. 2d 947 (Fla.2000); Hunter v. State, 751 So. 2d 181 (Fla. 2d DCA) review granted, 767 So. 2d 457 (Fla.2000); State v. Huggins, 744 So. 2d 1215 (Fla.…
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Heath v. State, 819 So. 2d 817 (Fla. 1st DCA 2002)…PER CURIAM. Our original decision in this case, Heath v. State, 753 So. 2d 795 (Fla. 1st DCA 2000), was reviewed by the supreme court on a certified conflict concerning the applicability of the Prison Releasee Reoffender Punishment Act (Act) to the offense of burglary of an unoccupied dwelling and also on a certified question…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Mundy v. State, 745 So. 2d 351 (Fla. 1st DCA 1999)
- State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999)
- Verro Chambers v. State, 752 So. 2d 64 (Fla. 1st DCA 2000)
- Newcomb v. Anne Pennoyer Newcomb, 751 So. 2d 738 (Fla. 1st DCA 2000)