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742 So. 2d 825

Docket No. 98-544.

Reyes v. State

David REYES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 1, 1999.

District Court of Appeal of Florida · decided 1999-09-01

Cited by 3 later decisions — most recently July 2000

3 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 913 - Reyes v. State

Relies on 740 So. 2d 20 - Woods v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-09-01

View the full empirical analysis of this case →

¶1Nancy A. Daniels, Public Defender and Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

¶2Robert A. Butterworth, Attorney General and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4David Reyes challenges his judgment of conviction and sentence for three counts of armed robbery and felony fleeing and/or attempting to elude a police officer. We find the issues raised regarding the propriety of his conviction to be without merit. We also find to be without merit his argument that the Prison Releasee Reoffender Act is unconstitutional, because the Act is, among other things, a violation of the separation of powers clause of the Florida Constitution. See Woods v. State,740 So.2d 20 (Fla. 1st DCA 1999). As in Woods, we certify the following question as one of great public importance:

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 777.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?
AFFIRMED; question certified.

¶5BARFIELD, C.J., VAN NORTWICK AND PADOVANO, JJ., CONCUR.

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