HAROLD GAINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2001-02-14
No. 1D00-1852
ERVIN, BOOTH and ALLEN, JJ., concur.
816 So. 2d 648 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant’s sentence is affirmed. See Knight v. State, 791 So. 2d 490 (Fla. 1st DCA 2000), pet. for review pending, No. SC-001987; Brown v. State, 24 Fla. L. Weekly D2753, — So. 2d -, 1999 WL 1112715 (Fla. 1st DCA Dec.8, 1999). Nevertheless, consistent with our certification in Knight, we certify the following question to the supreme court as a question of great public importance:

DOES SECTION 775.082(8)(A)2A, FLORIDA STATUTES (1997), WHICH MANDATES A LIFE SENTENCE FOR PRISON RELEASEE REOF-FENDERS WHO COMMIT “A FELONY PUNISHABLE BY LIFE,” APPLY BOTH TO LIFE FELONIES AND FIRST DEGREE FELONIES PUNISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE?

AFFIRMED.

ERVIN, BOOTH and ALLEN, JJ., concur.


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  • Fla. Dep't OF the Lottery v. Gtech Corp., 822 So. 2d 1243 (Fla. 2002)
    …isdiction to review a decision of the First District Court of Appeal. See art. V § 3(b)(4), Fla. Const. Subsequently, for purposes of oral argument, we consolidated for review two cases that arose out of Florida Department of Lottery v. Gtech Corp., 816 So. 2d 648 (Fla. 1st DCA 2001), on motion for certification, 816 So. 2d at 655 (Fla. 1st DCA 2001), wherein the district court certified two questions to be of great public importance. Upon reflection, and further consideration, we now conclude that review was…
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