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761 So. 2d 1100

761 So.2d 1100

25 Fla.L.WeeklySupp. 499

State v. Cowart

Supreme Court of Florida

Decided June 22, 2000

Supreme Court of Florida · decided 2000-06-22

Cited by 11 later decisions — most recently February 2017

11 state decisions

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

Good law ✅— No negative treatment on recordhow we know

Decided 2000-06-22

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PER CURIAM.

¶1We have for review the decision in State v. Cowart, 762 So.2d 527 (Fla. 2d DCA 1999), which the court certified to be in conflict with the opinion in Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), and McKnight v. State, 727 So.2d 314 (Fla. 3d DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

¶2We recently approved the First District’s decision in Woods, holding that the Act, as properly interpreted by the First District, does not violate separation of powers, and rejecting other constitutional challenges to the Act. See State v. Cotton, SC94996 & SC95281, — So.2d -, 2000 WL 766521 (Fla. June 15, 2000). Accordingly, for the reasons expressed in Cotton, we quash the Second District’s decision in this case, and remand for further proceedings consistent with this opinion. *1101Because it appears that the respondent entered a plea of guilty based upon the trial court’s indication that respondent, upon such plea, would not be sentenced pursuant to the Act, upon remand to the trial court, respondent shall have the right to withdraw his guilty plea.

¶3It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur.QUINCE, J., dissents with an opinion.
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