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Knight v. State

Knight v. State, 791 So. 2d 490 (Fla. Dist. Ct. App. 2000)
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Subsequent history: approved, Knight v. State, 808 So. 2d 210 (Fla. 2002). (read from the later opinion; check before relying)

Court
District Court of Appeal of Florida · State Appellate Courts
Decided
August 22, 2000
Docket
No. 1D99-2561
Judges
Per Curiam
Citations
791 So. 2d 4902000 WL 305324
Cited by 10 1 descriptions by later courts

Opinion — Per Curiam

791 So.2d 490 (2000)

Michael KNIGHT, Appellant,

v.

STATE of Florida, Appellee.

No. 1D99-2561.

District Court of Appeal of Florida, First District.

March 27, 2000. Opinion Granting Rehearing and Certification August 22, 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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 10 cases

View all citing references →
2001: 72002: 320012026peak 2001 · 7

Relies on it most ⓘ

  1. Knight v. State808 So. 2d 210 (Fla. 2002)
  2. Vargas v. State789 So. 2d 1030 (Fla. Dist. Ct. App. 2001)
  3. Bennett v. State806 So. 2d 503 (Fla. Dist. Ct. App. 2001)
  4. Gaines v. State816 So. 2d 648 (Fla. Dist. Ct. App. 2001)
  5. Johnson v. State795 So. 2d 178 (Fla. Dist. Ct. App. 2001)
  6. Green v. State807 So. 2d 181 (Fla. Dist. Ct. App. 2002)

Most recent

  1. Green v. State807 So. 2d 181 (Fla. Dist. Ct. App. 2002)
  2. Knight v. State808 So. 2d 210 (Fla. 2002)
  3. Navarro v. State805 So. 2d 1047 (Fla. Dist. Ct. App. 2002)
  4. Jackson v. State801 So. 2d 315 (Fla. Dist. Ct. App. 2001)
  5. Buth v. State800 So. 2d 344 (Fla. Dist. Ct. App. 2001)
  6. Johnson v. State795 So. 2d 178 (Fla. Dist. Ct. App. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Woods v. State, 740 So. 2d 20 (Fla. Dist. Ct. App. 1999) 143
Turner v. State, 745 So. 2d 351 (Fla. Dist. Ct. App. 1999) 38
Jackson v. State, 744 So. 2d 466 (Fla. Dist. Ct. App. 1999) 24
Durden v. State, 743 So. 2d 77 (Fla. Dist. Ct. App. 1999) 17
Brown v. State, 830 So. 2d 835 (Fla. Dist. Ct. App. 1999) 11

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