JERRY LEE GREEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Constitutionality Of Statutes cases and more on FLexlaw
PER CURIAM.
We have for review the decision in Green v. State, 733 So. 2d 1159 (Fla. 5th DCA 1999), in which the Fifth District, as did the First District in Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999), upheld the constitutionality of the Prisoner Re-leasee Reoffender Act, section 775.082(8), Florida Statutes (1997)(the “Act”). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We recently approved the First District’s decision in Woods, holding that the Act, as properly interpreted by the First District, does not violate separation of powers, and rejecting other constitutional challenges to the Act. See State v. Cotton, Nos. SC94996 & SC95281, — So. 2d -, 2000 WL 766521 (Fla. June 15, 2000). Accordingly, for the reasons expressed in Cotton, we approve the decision of the Fifth District 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
-
Rollinson v. State, 778 So. 2d 971 (Fla. 2001)…JJ., concur. QUINCE, J., dissents with an opinion. . See § 775.082(8), Fla. Stat. (1997). . We also note that in its decision in Rollin-son, the Fourth District cited to its decision in State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999), quashed, 762 So. 2d 523 (Fla.2000). In our opinion in Cotton, we disapproved of the decision in Wise to the extent that it was inconsistent with Cotton.…
-
Ross v. State, 770 So. 2d 1250 (Fla. 4th DCA 2000)…atute. See § 775.082(8)(a)l(1997).1 On appeal, the state argues that the court was under the belief that it possessed the discretion to refuse to impose a prison releasee reoffen-der under State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999), quashed, 762 So. 2d 523 (Fla.2000). Appellant acknowledges that a conflict exists among the district courts of appeal regarding a prosecutor’s discretion to request that a defendant be sentenced as a prison releasee reoffender and concedes that a resolution of that confli…1 / 2
-
Bedford v. State, 780 So. 2d 903 (Fla. 2001)…he Fifth District cited to its decision in Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999), approved, No. SC95706, 779 So. 2d 265 (Fla.2001), and certified conflict with the decisions in State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999), quashed, 762 So. 2d 523 (Fla.2000), and State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998), quashed, 769 So. 2d 345 (Fla.2000). In our decision in Cotton, we disapproved the opinions in Speed and Wise to the extent that they implied, in dicta, that a subsection of the Act…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Green v. State, 733 So. 2d 1159 (Fla. 5th DCA 1999)
- Patten v. State, 733 So. 2d 1159 (Fla. 5th DCA 1999)