Florida District Courts of Appeal, 1999

Clarke v. State

Clarke v. State
Florida District Courts of Appeal · Decided November 1, 1999 · Allen, Barfield, Miner
765 So. 2d 726; 1999 Fla. App. LEXIS 14524; 1999 WL 982967 (Southern Reporter, Second Series)

Clarke v. State

Opinion of the Court

PER CURIAM.

We find appellant’s first two issues to be without merit and affirm them without discussion. On the third issue, we also affirm but certify the same question of great public importance as in Woods v. State, 740 So.2d 20, 24 Fla. L. Weekly D831 (Fla. 1st DCA 1999), review granted, No. 95,281, 740 So.2d 529 (Fla. Aug. 23, 1999):

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POW*727ERS CLAUSE OF THE FLORIDA CONSTITUTION?

AFFIRMED; question certified.

BARFIELD, C.J., MINER and ALLEN, JJ., CONCUR.

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