Kirkendall v. State
Kirkendall v. State
Opinion of the Court
Thomas L. Kirkendall contends the trial court committed two errors in imposing his sentence as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997). First, Mr. Kirkendall contends that the Prison Releasee Reoffender Act is unconstitutional. Recently, in Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999), this court upheld the constitutionality of the reoffender act; accordingly, we affirm.
Next, Mr. Kirkendall asserts that the trial court possessed unbridled discretion in imposing his sentence. Mr. Kirkendall argues that Johns v. State, 750 So.2d 62 (Fla. 2d DCA 1999), extended the discretion afforded a trial court at sentencing when section 775.082(8) is involved. Without hesitation, we reject that contention.
In State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998), and later in Coleman v. State, 739 So.2d 626 (Fla. 2d DCA 1999), this
Reversed and remanded with instructions.
Reference
- Full Case Name
- Thomas L. KIRKENDALL v. STATE of Florida
- Cited By
- 1 case
- Status
- Published