Gaines v. State, 816 So. 2d 648

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.

Case Details

Case Name: Gaines v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 14, 2001

Citations: 816 So. 2d 648; 2001 WL 120122; 2001 Fla. App. LEXIS 1314; No. 1D00-1852

Docket Number: No. 1D00-1852

Court Abbreviation: Fla. Dist. Ct. App.