FREDDIE ALEXANDER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reviews a district court's decision concerning a challenge to a sentence under the Prison Releasee Reoffender Act, approving the decision to the extent it aligns with prior precedent on the Act's constitutionality and application.
The Florida Supreme Court approves the district court's decision, finding it consistent with established precedent on the Prison Releasee Reoffender Act, including rulings on its constitutionality and application.
[1] A defendant has the right to present evidence to prove ineligibility for sentencing under the Prison Releasee Reoffender Act and to challenge the State's evidence of elig…
[2] The Prison Releasee Reoffender Act does not violate the single subject rule for legislation or principles of equal protection.
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Join FLexlaw to unlock all legal intelligenceThe case involves a challenge to a sentence imposed under the Prison Releasee Reoffender Act. The district court's decision was based on previous ruli…
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LEWIS, J.
We have for review Alexander v. State, 739 So. 2d 667 (Fla. 5th DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Aexander challenges his sentence under the Prison Releasee Reoffender Act on grounds previously addressed by this Court. 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); McKnight v. State, 769 So. 2d 1039 (Fla.2000) (holding that a defendant has the right both to present evidence to prove that the defendant does not qualify for sentencing under the Act and to challenge the State’s evidence regarding the defendant’s eligibility for sentencing as a prison releasee reoffender); State v. Cotton, 769 So. 2d 345 (Fla.2000) (holding that the Act does not permit a “victim veto” which would violate a defendant’s due process rights by precluding application of the Act in some instances but not others, as well as holding that the Act is not void for vagueness and does not constitute a form of cruel or unusual punishment); Ellis v. State, 762 So. 2d 912, 912 (Fla.2000) (recognizing that, “[a]s to notice, publication in the Laws of Florida or the Florida Statutes gives all citizens constructive notice of the consequences of their actions”) (quoting State v. Beasley, 580 So. 2d 139, 142 (Fla.1991)). Accordingly, we approve the decision of the district court to the extent it is consistent with Grant, McKnight, Cotton,
and Ellis.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur. QUINCE, J., dissents.
. In its decision in Alexander, the Fifth District cited to its decision in Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999), approved, 779 So. 2d 265 (Fla.2001). In our decision in Cotton, we disapproved the opinion in Speed to the extent that it implied, in dicta, that a subsection of the Act gives to each victim a veto over the imposition of the mandatory sentences that are prescribed in other parts of the Act.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Ellis v. State, 762 So. 2d 912 (Fla. 2000)
- McKNIGHT v. State, 769 So. 2d 1039 (Fla. 2000)
- Speed v. State, 732 So. 2d 17 (Fla. 5th DCA 1999)
- Speed v. State, 779 So. 2d 265 (Fla. 2001)
- Williams v. State, 739 So. 2d 667 (Fla. 5th DCA 1999)
- Alexander v. State, 739 So. 2d 667 (Fla. 5th DCA 1999)