JAMES MCDANIEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES MCDANIEL, APPELLANT,
STATE OF FLORIDA, APPELLEE
790 So. 2d 441
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Jackson v. State, 744 So. 2d 466 (Fla. 1st DCA), rev. granted, 749 So. 2d 503 (Fla.1999); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), rev. granted, 740 So. 2d 529 (Fla.1999). As we did in Woods, we certify the following question to the Florida Supreme Court:
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?
MINER, BENTON and BROWNING, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McDANIEL v. State, 789 So. 2d 1223 (Fla. 1st DCA 2001)…on for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. When the trial court denied the motion, appellant’s direct appeal from his convictions and sentences was pending review in the supreme court. McDaniel v. State, 790 So. 2d 441 (Fla. 1st DCA 2000), review denied, No. SC00-895, 791 So. 2d 1099 (Fla. June 20, 2001). Therefore, the trial court lacked jurisdiction to rule on the motion. Burch v. State, 721 So. 2d 1198 (Fla. 1st DCA 1998) (trial court lacks jurisdiction to cons…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Lamarian Jackson v. State, 744 So. 2d 466 (Fla. 1st DCA 1999)