Richardson v. State, 748 So. 2d 1042

THOMPSON, J.

Roosevelt Richardson appeals from sentence which was enhanced pursuant to the Prison Releasee Reoffender Act, section 775.082(8)(a), Florida Statutes. He contends that the statute is invalid because it violates the constitutional principle of separation of powers. We affirm. See Speed v. State, 732 So.2d 17 (Fla. 5th DCA 1999).

AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.

ON MOTION FOR CERTIFICATION

THOMPSON, J.

We grant appellant‘s motion for certification pursuant to Florida Rule of Appellate Procedure 9.330(a), and certify the following question 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?

Motion for Certification GRANTED.

DAUKSCH and GOSHORN, JJ., concur.

Case Details

Case Name: Richardson v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 8, 1999

Citations: 748 So. 2d 1042; 1999 WL 619353; 99-179

Docket Number: 99-179

Court Abbreviation: Fla. Dist. Ct. App.