Durden v. State
Durden v. State
Opinion of the Court
We have for review Durden v. State, 743 So.2d 77 (Fla. 1st DCA 1999), in which the district court certified the same question of great public importance that it had in Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), approved sub nom. State v. Cotton, 769 So.2d 345 (Fla. 2000), and several other cases.
Durden challenges his life sentence under the Prison Releasee Reoffender Act
Accordingly, we approve the decision of the district court in Durden’s case.
It is so ordered.
. As stated in Woods, that question is:
DOES THE PRISON RELEASEE REOF-FENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?
. See § 775.082(8), Fla. Stat. (1997).
.Ancillary to the issue involved in the certified question, Durden argues that he was improperly convicted of carjacking with a deadly weapon, because his use of a common pocketknife does not qualify as the use of a deadly weapon under the relevant statute. We decline to disturb the district court’s construction of the statute as applied to this issue.
Dissenting Opinion
dissenting.
I dissent for the reasons stated in my dissent in State v. Cotton, 769 So.2d 345, 358-59 (Fla. 2000).
Reference
- Full Case Name
- Brian DURDEN v. STATE of Florida
- Cited By
- 2 cases
- Status
- Published