Richardson v. State, 748 So. 2d 1042 (Fla. 3d DCA 1999). · Go Syfert
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Richardson v. State, 748 So. 2d 1042 (Fla. 3d DCA 1999). Cases Citing This Book View Copy Cite
22 citation events (14 in the last 25 years) across 2 distinct courts.
Strongest positive: Destinval v. State (fladistctapp, 2003-05-21)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) Destinval v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
See Foster v. State, 778 So.2d 906, 917 (Fla.2000); Randall v. State, 760 So.2d 892, 900-01 (Fla.2000); Hayes v. State, 748 So.2d 1042, 1045 (Fla. 3d DCA 1999), approved 803 So.2d 695 (Fla.2001).
examined Cited as authority (rule) Hayes v. State (7×) also: Cited "see"
Fla. · 2001 · confidence medium
We have for review Hayes v. State, 748 So.2d 1042, 1045 (Fla. 3d DCA 1999), in which the Third District Court of Appeal certified conflict with the Fifth District Court of Appeal's decision in Castleberry v. State, 402 So.2d 1231 (Fla. 5th DCA 1981), on the issue of whether a defendant may be separately convicted of both armed robbery and grand theft of a motor vehicle where the defendant steals various items from inside a victim's residence, including the victim's car keys, and then proceeds outside the residence to steal the victim's motor vehicle utilizing these keys. [1] We have jurisdicti…
discussed Cited "see" Smith v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See Richardson v. State, 748 So.2d 1042 (Fla. 5th DCA 1999), rev. granted, Case No. 96,764, 751 So.2d 1253 (Fla. Jan. 6, 2000); Robinson v. State, 742 So.2d 863 (Fla. 5th DCA 1999); Gray v. State, 742 So.2d 805 (Fla. 5th DCA 1999), rev. granted, Case No. 96,765, 751 So.2d 1252 (Fla. Jan. 18, 2000); Moon v. State, 737 So.2d 655 (Fla. 5th DCA 1999), rev. granted, Case No. 96,459, 751 So.2d 1253 (Fla, Jan. 6, 2000); Cook v. State, 737 So.2d 569 (Fla. 5th DCA 1999).
discussed Cited "see, e.g." Henderson v. State
Fla. Dist. Ct. App. · 2001 · signal: see, e.g. · confidence low
See, e.g., Hayes v. State, 748 So.2d 1042 , 1044 n. 1 (Fla. 3d DCA 1999) (permitting defendant to argue for first time on appeal, as fundamental error, that convictions for armed robbery and grand theft auto arising out of a single criminal episode constitute a double jeopardy violation), review granted, 761 So.2d 329 (Fla.2000).
cited Cited "see, e.g." Victor v. State
Fla. Dist. Ct. App. · 2000 · signal: see also · confidence low
See also Hayes v. State, 748 So.2d 1042 (Fla. 3d DCA 1999), review granted, No. SC96813, 761 So.2d 329 (Fla. Feb. 21, 2000); Smart v. State, 652 So.2d 448 (Fla. 3d DCA 1995).
Retrieving the full opinion text from the archive…
Roosevelt RICHARDSON, Appellant,
v.
STATE of Florida, Appellee.
99-179.
District Court of Appeal of Florida, Third District.
Oct 8, 1999.
748 So. 2d 1042
Thompson.
Cited by 5 opinions  |  Published

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.

THOMPSON, J.

Roosevelt Richardson appeals from sentence which was enhanced pursuant to the Prison Releasee Reoffender Act, section 775.082(8)(a), Florida Statutes. He contends that the statute is invalid because it violates the constitutional principle of separation of powers. We affirm. See Speed v. State, 732 So.2d 17 (Fla. 5th DCA 1999).

AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.

ON MOTION FOR CERTIFICATION

THOMPSON, J.

We grant appellant's motion for certification pursuant to Florida Rule of Appellate Procedure 9.330(a), and certify the following question as one of great public importance:

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?

Motion for Certification GRANTED.

DAUKSCH and GOSHORN, JJ., concur.