SC96465 James Simmons v. State of Florida

State: Florida

Docket No: sc96465

Case Date: 07/06/2000

Plaintiff: SC96465 James Simmons

Defendant: State of Florida

Preview:Supreme Court of Florida
No. SC96465
JAMES SIMMONS,
Petitioner,
vs.
STATE OF FLORIDA,
Respondent.
[July 6, 2000]
PER CURIAM.
We have for review the decision in Simmons v. State, 755 So. 2d 682 (Fla.
4th DCA 1999), in which the Fourth District certified the same question which was
certified in Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999):
DOES   THE   PRISON   RELEASEE   REOFFENDER
PUNISHMENT ACT, CODIFIED AS SECTION   775.082(8),
FLORIDA STATUTES (1997), VIOLATE THE SEPARATION
OF   POWERS   CLAUSE   OF   THE   FLORIDA
CONSTITUTION?
We have jurisdiction.  See art. V, § 3(b)(4), Fla. Const.

We recently approved the First District's decision in Woods, holding that the
Prisoner Releasee Reoffender Act, as properly interpreted by the First District,
does not violate separation of powers, and rejecting other constitutional challenges
to the Act.  See State v. Cotton, Nos. SC94996 & SC95281 (Fla. June 15, 2000).
Accordingly, for the reasons expressed in Cotton, we answer the certified question
in the negative, and approve the decision of the Fourth District in this case.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE and LEWIS, JJ.,
concur.
QUINCE, J., dissents with an opinion.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND
IF FILED, DETERMINED.
QUINCE, J., dissenting.
I dissent for the reasons stated in my dissent in State v. Cotton, Nos.
SC94996 & SC95281 (Fla. June 15, 2000).
Application for Review of the Decision of the District Court of Appeal - Certified
Great Public Importance
Fourth District - Case No. 4D98-2792
(Palm Beach County)
Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender,
Fifteenth Judicial Circuit, West Palm Beach, Florida,
-2-

for Petitioner
Robert A. Butterworth, Attorney General, Celia Terenzio, West Palm Beach Bureau
Chief, Criminal Appeals, and Marrett W. Hanna, Assistant Attorney General, West
Palm Beach, Florida,
for Respondent
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