KEVIN ROLLINSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Victim Veto cases and more on FLexlaw
LEWIS, J.
We have for review Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999), in which the district court upheld the constitutionality of the Prison Releasee Reoffen-der Act1 (the “Act”). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Rollinson challenges his five-year sentence under the Act on grounds we have previously addressed. See Grant v. State, 770 So. 2d 655 (Fla.2000) (rejecting an ex post facto challenge to the Act, and holding that the Act violates neither the single subject rule for legislation nor principles of equal protection); State v.. Cotton, 769 So. 2d 345 (Fla.2000) (holding that the Act violates neither separation of powers, nor principles of due process by allowing a “victim veto” that precludes application of the Act, as well as holding that the Act is not void for vagueness and does not constitute a form of cruel or unusual punishment).2 Accordingly, the decision in Rol-linson is approved to the extent that it is consistent with Grant and Cotton.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD and PARIENTE, 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.
QUINCE, J.,
dissenting.
I dissent for the reasons stated in my dissent in State v. Cotton, 769 So. 2d 345, 358-59 (Fla.2000).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fitzpatrick v. State, 868 So. 2d 615 (Fla. 2d DCA 2004)…45 So. 2d 351, 353 (Fla. 1st DCA 1999), approved, 778 So. 2d 974 (Fla.2001). The supreme court reiterated the following in Grant v. State, 770 So. 2d 655, 661 (Fla.2000) (quoting Rollinson v. State, 743 So. 2d 585, 589 (Fla. 4th DCA 1999), approved, 778 So. 2d 971 (Fla.2001)): The Act’s classification and increased punishment for prison releasee reof-fenders is rationally related to the legitimate state interests of punishing recidivists more severely than first time offenders and protecting the public from…
-
Gould v. State, 860 So. 2d 1056 (Fla. 5th DCA 2003)…also Bass v. State, 739 So. 2d 1243 (Fla. 5th DCA 1999). Mr. Gould’s constitutional attack on section 775.082(9)(d) is without merit in view of the supreme court’s decision in State v. Cotton, 769 So. 2d 345 (Fla.2000). See also Rollinson v. State, 778 So. 2d 971 (Fla.2001) (rejecting constitutional challenges to prison releasee reof-fender act); Grant v. State, 770 So. 2d 655 (Fla.2000) (rejecting ex post facto challenge to the act, and holding that the act violates neither the single subject rule for legis…
-
State v. Baker, 874 So. 2d 643 (Fla. 2d DCA 2004)…ll entertain submissions and evidence by the parties that are relevant to the sentence.” See Rollinson v. State, 743 So. 2d 585, 590 (Fla. 4th DCA 1999) (citing rule 3.720 in rejecting a procedural due process challenge to PRR sentencing), approved, 778 So. 2d 971 (Fla.2001). [*645] Imposing a PRR sentence is mandatory once the State proves that the defendant qualifies. See State v. Cotton, 769 So. 2d 345 (Fla.2000). Thus it has been held that the court cannot offer a plea bargain for a guidelines sentence if…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999)
- Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999)
- State v. Wise, 762 So. 2d 523 (Fla. 2000)
- Green v. State, 762 So. 2d 523 (Fla. 2000)