Knight v. State, 1D99-2561.

CourtCourt of Appeal of Florida (US)
Citation791 So.2d 490
Docket NumberNo. 1D99-2561.,1D99-2561.
PartiesMichael KNIGHT, Appellant, v. STATE of Florida, Appellee.
Decision Date27 March 2000

Nancy A. Daniels, Public Defender; G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Terri León-Benner, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Appellant appeals his life sentence under the Prison Releasee Reoffender Act ("Act") for robbery with a firearm and also raises several constitutional challenges to the Act. We find that appellant received the correct sentence under the Act and affirm.

We previously have addressed appellant's constitutional challenges to the Act and decline to address them again. See Jackson v. State, 744 So.2d 466 (Fla. 1st DCA),

rev. granted,749 So.2d 503 (Fla. 1999); Woods v. State, 740 So.2d 20 (Fla. 1st DCA),

rev. granted, 740 So.2d 529 (Fla. 1999); see also Turner v. State, 745 So.2d 351 (Fla. 1st DCA 1999); Durden v. State, 743 So.2d 77 (Fla. 1st DCA 1999). This court has also found that the term "felony punishable by life" in subsection 775.082(8)(a)(2)(a), Florida Statutes (1997), covers both life felonies and first degree felonies punishable by a term of years not exceeding life. See Brown v. State, 24 Fla. L. Weekly D2753, ___ So.2d ___, 1999 WL 1112715 (Fla. 1st DCA Dec. 8, 1999). Thus, the Act requires a life sentence for robbery with a firearm, and the trial court imposed the correct sentence.

Accordingly, we AFFIRM appellant's sentence, and, as we did in Woods, we certify the following question to the Florida Supreme Court:

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.

MINER, BENTON and BROWNING, JJ., CONCUR.

ON MOTION FOR REHEARING AND CERTIFICATION

PER CURIAM.

We grant Appellant's Motion for Rehearing and Certification of a Question of Great Public Importance only to the extent that we add the following certified question to our previously issue opinion of March 27, 2000:

DOES SECTION 775.082 (9)(A)3A, FLORIDA STATUTES (1999), WHICH MANDATES A LIFE SENTENCE FOR PRISON RELEASEE REOFFENDERS 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?

MINER, BENTON and BROWNING, JJ., CONCUR.

To continue reading

Request your trial
10 cases
  • Stabile v. State
    • United States
    • Court of Appeal of Florida (US)
    • August 10, 2001
    ...789 So.2d 1030 (Fla. 4th DCA 2001); Gaines v. State, ___ So.2d ___, 2001 WL 120122 (Fla. 1st DCA February 14, 2001); Knight v. State, 791 So.2d 490 (Fla. 1st DCA) (opinion granting rehearing and certification, August 22, 2000); Brown v. State, ___ So.2d ___, 1999 WL 1112715 (Fla. 1st DCA De......
  • Knight v. State
    • United States
    • United States State Supreme Court of Florida
    • January 24, 2002
    ...C. Toolan, Assistant Attorney General, Tallahassee, FL, for Respondent. ANSTEAD, J. We have for review the decision in Knight v. State, 791 So.2d 490 (Fla. 1st DCA 2000), in which the First District certified the following question as one of great public DOES SECTION [775.082(8)(a)2.a.], FL......
  • BUTH v. State, 1D00-1132.
    • United States
    • Court of Appeal of Florida (US)
    • November 27, 2001
    ...Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), aff'd sub nom., State v. Cotton, 769 So.2d 345 (Fla.2000). As in Knight v. State, 791 So.2d 490 (Fla. 1st DCA 2000) (on mot. for reh'g and cert.), rev. granted, 796 So.2d 537 (Fla.2001), we certify the following question to be of great publi......
  • Green v. State, 5D01-956.
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 2002
    ...See, e.g., Navarro v. State, 805 So.2d 1047 (Fla. 3d DCA 2002); Vargas v. State, 789 So.2d 1030 (Fla. 4th DCA 2001) and Knight v. State, 791 So.2d 490 (Fla. 1st DCA 2000). The Supreme Court of Florida has taken Knight for review and has now answered the question as we did in Stabile. Stabil......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT