PATRICK ROONEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the judgment and sentence, certifying a question regarding the constitutionality of the Prison Releasee Reoffender Punishment Act to the Florida Supreme Court.
Appellant pleaded no contest to felony and misdemeanor charges and was sentenced under the Prison Releasee Reoffender Punishment Act. He appealed the …
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SHAHOOD, J.
Appellant, Patrick Rooney, appeals from his judgment and sentence following his plea of no contest to one felony and two misdemeanor charges. Appellant, who was sentenced pursuant to the Prison Re-leasee Reoffender Punishment Act, section 775.082, Florida Statutes (1997), asserts that the Act is unconstitutional due to violations of the: single subject rule; separation of powers doctrine; prohibition against cruel or unusual punishment; and prohibition against vagueness.
We affirm as to all issues raised. As in Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999), rev. granted, 751 So. 2d 1253 (Fla.2000), with respect to the separation of powers argument, we certify the following question to the Florida Supreme Court 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?
See also Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), rev. granted, 740 So. 2d 529 (Fla.1999).
AFFIRMED.
GUNTHER and GROSS, JJ., concur.
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Curran v. Curran, 760 So. 2d 1136 (Fla. 5th DCA 2000)…ly, we find that the trial court had jurisdiction to enter the written judgment after disqualifying itself. Generally, once a trial court has recused itself, further orders from that court are considered void and without effect. See Stokes v. State, 756 So. 2d 1100 (Fla. 4th DCA 2000); Meaweather v. State, 732 So. 2d 499, 500 (Fla. 1st DCA 1999). However, the trial court in the instant case did have jurisdiction to perform the ministerial duty of preparing a written order to reflect the earlier oral pronouncem…
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Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999)