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762 So. 2d 521

762 So.2d 521

25 Fla.L.WeeklySupp. 537

State v. Johnson

Supreme Court of Florida

Decided June 29, 2000

Supreme Court of Florida · decided 2000-06-29

Cited by 1 later decisions — most recently January 2003

1 state decisions

Relies on 740 So. 2d 20 - Woods v. State · Ex Parte Chambers · Raimondo v. American United Life Insurance

Good law ✅— No negative treatment on recordhow we know

Decided 2000-06-29

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PER CURIAM.

¶1We have for review the decision in State v. Johnson, 743 So.2d 45 (Fla. 2d DCA 1999), in which the district court affirmed the lower court’s sentencing decision based upon State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998)(holding that the trial court has discretion to determine whether a defendant should be sentenced as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997)). In so doing, the Second District certified conflict with Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), and McKnight v. State, 727 *522So.2d 314 (Fla. 3d DCA 1999). We have jurisdiction. See V, § 3(b)(4), Fla. Const.

¶2We recently quashed the Second District’s decision in Cotton, and approved the First District’s decision in Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), 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, Nos. 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 with directions to remand the case to the trial court for proceedings consistent with our opinion in Cotton.

¶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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