MOSE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MOSE WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
790 So. 2d 444
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find the points raised by appellant are without merit. The appellant’s conviction is affirmed. See Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), rev. granted, 740 So. 2d 529 (Fla.1999). As in Woods, we certify the following question to the supreme court 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?
Affirmed.
WOLF, KAHN and LAWRENCE, JJ., concur.
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Pleas v. State, 41 So. 3d 980 (Fla. 1st DCA 2010)…pediment to applying the statute to those defendants whose prison terms ended prior to its effective date, so long as the new crime occurred after the statute became effective. See Grant v. State, 770 So. 2d 655, 661-62 (Fla.2000); Palmore v. State, 790 So. 2d 444, 446 (Fla. 1st DCA 2000); Mobley v. State, 765 So. 2d 734, 735 (Fla. 1st DCA 2000). Again, even the [*982] slightest of research would have shown Appellant that his facial challenge would be unsuccessful. Similarly meritless is Appellant’s “as appl…
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Dolansky v. State, 964 So. 2d 188 (Fla. 1st DCA 2007)…statute is not greater than a life term under the PRR statute, the trial court was without authority to sentence Appellant as an HFO to a term less than or equal to that required under the PRR statute. See Walls, 765 So. 2d at 734; Palmore v. State, 790 So. 2d 444 (Fla. 1st DCA 2000) (reversing HFO sentence where defendant sentenced as PRR to life and HFO statute does not authorize sentence longer than life). Appellant’s sentence is REVERSED and REMANDED with directions to strike that portion of Appellant’s…
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)