JIMMY MCDOWELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-01-19
No. 99-0231
STEVENSON, SHAHOOD and GROSS, JJ., concur.
764 So. 2d 619 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

[*620] PER CURIAM.

Affirmed. See Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999); Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999). We certify the same question certified in Simmons 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?

STEVENSON, SHAHOOD and GROSS, JJ., concur.


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  • McDOWELL v. State, 789 So. 2d 956 (Fla. 2001)
    …LEWIS, J. We have for review McDowell v. State, 764 So. 2d 619 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The petitioner challenges his sentence under the Prison Releasee Reoffender Act (the “Act”) on several grounds, many of which have been previously addressed by opinions o…
  • Gundlah v. Moore, 831 So. 2d 780 (Fla. 4th DCA 2002)
    …side the original order and requesting that a new appealable order be entered. See Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998); see also Ney v. Unemployment Appeals Comm’n, 778 So. 2d 509 (Fla. 4th DCA 2001); Dorsey v. State, 764 So. 2d 619 (Fla. 4th DCA 2000); Dep’t of Corr. v. Saulter, 742 So. 2d 368 (Fla. 1st DCA 1999). If the lower tribunal acts favorably upon such application, the appellant may timely appeal the re-entered order and thereby challenge the merits of the original adv…
  • Murry v. State, 766 So. 2d 333 (Fla. 4th DCA 2000)
    …PER CURIAM. In response to appellant’s March 29, 2000, motion for certification, we certify the same question certified in Roberts v. State, 764 So. 2d 620 (Fla. 4th DCA 2000); McDowell v. State, 764 So. 2d 619 (Fla. 4th DCA 2000); and Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999), 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 O…

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