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737 So. 2d 569

Docket No. 98-2726.

Cook v. State

Larry Carl COOK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 11, 1999.

District Court of Appeal of Florida · decided 1999-08-06

Cited by 5 later decisions — most recently February 2001

5 state decisions

Key passage — most relied on by later courts

“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?”

quoted by 1 later decision, including 762 So. 2d 920 - Gonzales v. State

Relies on 740 So. 2d 20 - Woods v. State · 732 So. 2d 17 - Speed v. State · 727 So. 2d 314 - McKnight v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-08-06

View the full empirical analysis of this case →

Order Granting Certification August 6, 1999.

¶1*570 James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

¶3THOMPSON, J.

¶4Larry Carl Cook appeals his conviction and sentencing for robbery with a firearm[1] and resisting arrest without violence.[2] Cook was sentenced to a mandatory term of life imprisonment pursuant to section 775.082(8), Florida Statutes (1997), the Prison Releasee Reoffender Punishment Act. He argues that the Act is unconstitutional. We disagree and affirm. See Speed v. State,24 Fla. L. Weekly D1017, 732 So.2d 17 (Fla. 5th DCA 1999); Woods v. State,24 Fla. L. Weekly D831, 740 So.2d 20 (Fla. 1st DCA 1999); McKnight v. State,727 So.2d 314 (Fla. 3d DCA 1999).

¶5AFFIRMED.

¶6COBB and HARRIS, JJ., concur.

¶7

ON MOTION TO CERTIFY

¶8THOMPSON, J.

¶9We grant the Appellant's Motion to Certify and certify the following question as one of great public importance:

DOES THE PRISON RELEASE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?

¶10COBB and HARRIS, JJ., concur.

NOTES

¶11[1] § 812.13(2)(a), Fla. Stat. (1997)

¶12[2] § 843.02, Fla. Stat. (1997)

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