JOSE OLIVO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the "10/20/Life" statute does not violate the separation of powers provision of the Florida Constitution.
Olivo was convicted of armed burglary and sentenced under the "10/20/Life" statute. He appealed, arguing the statute unconstitutionally removed senten…
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SHARP, W„ J.
Olivo appeals from his judgments and sentences in two criminal cases.1 He was sentenced to ten years in prison for armed burglary of a dwelling pursuant to section 775.087(2), Florida Statutes (2001), commonly referred to as the “10/20/Life” statute, in case number 01-32778.
On appeal, Olivo argues that section 775.087(2) violates the separation of powers provision in article II, section 3 of the Florida constitution,2 because it removes sentencing discretion from the courts in qualifying cases and it unconstitutionally limits the executive function of the prosecution.
The first and fourth districts have considered and rejected these arguments. Bass v. State, 816 So. 2d 247 (Fla. 1st DCA 2002); Nelson v. State, 811 So. 2d 761 (Fla. 4th DCA 2002); Dukes v. State, 808 So. 2d 276 (Fla. 1st DCA 2002); Jackson v. State, 795 So. 2d 159 (Fla. 1st DCA 2001); Hagan v. State, 793 So. 2d 1168 (Fla. 1st DCA 2001); Green v. State, 792 So. 2d 643 (Fla. 1st DCA 2001), rev. denied, 817 So. 2d 847 (Fla.2002).3 We adopt their views on these issues as our own.
AFFIRMED.
HARRIS and ORFINGER, R.B., JJ., concur. . No. 01-31612: dealing in stolen property; No. 01-32778: armed burglary of a dwelling and third degree grand theft.
. Branches of Government. — Powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.
. The 10/20/Life provisions were added to section 775.087 in 1999. State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001). Olivo committed the armed burglary in 2001. Olivo moved to declare section 775.087 unconstitutional and raised this issue at his sentencing hearing.
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Cited By
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Elozar v. State, 872 So. 2d 934 (Fla. 5th DCA 2004)
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Morrow v. State, 856 So. 2d 1043 (Fla. 5th DCA 2003)…im is likewise without merit. In Nelson v. State, 811 So. 2d 761 (Fla. 4th DCA 2002), the Fourth District Court of Appeal held that the 10/20/life statute, section 775.087(2), Fla. Stat., is not on its face cruel or unusual. See also Olivo v. State, 823 So. 2d 872 (Fla. 5th DCA 2002), holding that the 10/20/life statute does not violate the separation of powers provision of the Florida Constitution. We are likewise not persuaded by Morrow’s argument that his life prison sentence for possession of a firearm by…
Authorities Cited
- State v. Wooten, 782 So. 2d 408 (Fla. 2d DCA 2001)
- Green v. State, 792 So. 2d 643 (Fla. 1st DCA 2001)
- Nelson v. State, 811 So. 2d 761 (Fla. 4th DCA 2002)
- Hagan v. State, 793 So. 2d 1168 (Fla. 1st DCA 2001)
- Smith v. State, 808 So. 2d 276 (Fla. 5th DCA 2002)
- Bass v. State, 816 So. 2d 247 (Fla. 1st DCA 2002)
- Hamilton v. State, 795 So. 2d 159 (Fla. 1st DCA 2001)
- Jackson v. State, 795 So. 2d 159 (Fla. 1st DCA 2001)