Florida District Courts of Appeal, 2001

Newmones v. State

Florida District Courts of Appeal · Decided December 28, 2001 · Palmer, Sawaya, Thompson

802 So. 2d 517; 2001 Fla. App. LEXIS 18498; 2001 WL 1657188 (Southern Reporter, Second Series)

Opinion of the Court

SAWAYA, J.

We affirm Newmones’ sentence, and, in accordance with Stabile v. State, 790 So.2d 1235 (Fla. 5th DCA 2001), certify the following question to the Florida Supreme Court:

DOES SECTION 775.082(8)(a)2.a„ FLORIDA STATUTES (1997), WHICH MANDATES A LIFE SENTENCE FOR PRISON RELEASEE REOF-FENDERS WHO COMMIT “A FELONY PUNISHABLE BY LIFE,” APPLY BOTH TO LIFE FELONIES AND FIRST DEGREE FELONIES PUNISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE?

AFFIRMED; QUESTION CERTIFIED.

THOMPSON, C.J., and PALMER, J„ concur.

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