ANTONIO M. CLARK, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We have for review the decision in Clark v. State, 732 So. 2d 501 (Fla. 5th DCA 1999), in which the district court affirmed the lower court’s imposition of sentence pursuant to the Prison Releasee Reoffen-der Act, (section 775.082(8), Florida Statutes (1997)(the “Act”), relying on the decision in McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)), which expressly and directly conflicts with State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We recently held that the Prisoner Re-leasee Reoffender Act does not violate separation of powers, and rejected other constitutional challenges to the Act. See State v. Cotton, SC94996 & SC95281, - So. 2d -, 2000 WL 766521 (Fla. June 15, 2000). Accordingly, we similarly approve the Fifth District’s decision in this case.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., dissents with an opinion.
QUINCE, J.,
dissenting.
I dissent for the reasons stated in my dissent in State v. Cotton, Nos. SC94996 & SC95281, — So. 2d -, 2000 WL 766521 (Fla. June 15, 2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Straughter v. State, 770 So. 2d 1251 (Fla. 1st DCA 2000)…er Act (“Act”) is unconstitutional is erroneous and is reversed. See State v. Cotton, 769 So. 2d 345 (Fla.2000). The cause is remanded for a determination as to whether appellant qualifies for sentencing under the Act. See State v. Cole [*1252] man, 761 So. 2d 323 (Fla.2000); State v. Young, 766 So. 2d 425 (Fla. 1st DCA 2000). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. JOANOS, LAWRENCE AND VAN NORTWICK, JJ., CONCUR.…
Authorities Cited
- McKNIGHT v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)
- Jewell F. Raimondo v. Am. United Life Ins. Co., 728 So. 2d 251 (Fla. 5th DCA 1998)
- State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998)
- Robinson v. Robinson, 732 So. 2d 501 (Fla. 5th DCA 1999)