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761 So. 2d 323

761 So.2d 323

25 Fla.L.WeeklySupp. 498

Clark v. State

Supreme Court of Florida

Decided June 22, 2000

Supreme Court of Florida · decided 2000-06-22

Relies on Raimondo v. American United Life Insurance · 727 So. 2d 314 - McKnight v. State · Robinson v. Robinson

Decided 2000-06-22

PER CURIAM.

¶1We have for review the decision in Clark v. State, 732 So.2d 501 (Fla. 5th DCA 1999), in which the district court affirmed the lower court’s imposition of sentence pursuant to the Prison Releasee Reoffen-der Act, (section 775.082(8), Florida Statutes (1997)(the “Act”), relying on the decision in McKnight v. State, 727 So.2d 314 (Fla. 3d DCA 1999)), which expressly and directly conflicts with State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

¶2We recently held that the Prisoner Re-leasee Reoffender Act does not violate separation of powers, and rejected other constitutional challenges to the Act. See State v. Cotton, SC94996 & SC95281, - So.2d -, 2000 WL 766521 (Fla. June 15, 2000). Accordingly, we similarly approve the Fifth District’s decision in this case.

¶3It is so ordered.

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

¶4dissenting.

¶5I dissent for the reasons stated in my dissent in State v. Cotton, Nos. SC94996 & SC95281, — So.2d -, 2000 WL 766521 (Fla. June 15, 2000).

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