Baggett v. State
Baggett v. State
Opinion of the Court
We have for review the decision in Baggett v. State, 747 So.2d 470 (Fla. 5th DCA 1999), which certified conflict with the decisions in State v. Wise, 744 So.2d 1035 (Fla. 4th DCA 1999), quashed, 762 So.2d 523 (Fla. 2000) and State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998), quashed, 769 So.2d 345 (Fla. 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
Baggett challenges his life sentence under the Prison Releasee Reoffender Act
It is so ordered.
. See § 775.082(8), Fla. Slat. (1997).
. In its decision in Baggett, the Fifth District cited to its decision in Speed v. State, 732 So.2d 17 (Fla. 5th DCA 1999), approved, 779 So.2d 265 (Fla. 2001), and certified conflict with the decisions in State v. Wise, 744 So.2d 1035 (Fla. 4th DCA 1999), quashed, 762 So.2d 523 (Fla. 2000), and State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998), quashed, 769 So.2d 345 (Fla. 2000). In our decision in Cotton, we disapproved the opinions in Speed and Wise to the extent that they implied, in dicta, that a subsection of the Act gives to each victim a veto over the imposition of the mandatory sentences that are prescribed in other parts of the Act.
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
- Johnny D. BAGGETT v. STATE of Florida
- Status
- Published