State v. Coleman, 761 So. 2d 323 (Fla. 2000). · Go Syfert
State v. Coleman, 761 So. 2d 323 (Fla. 2000). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Straughter v. State (fladistctapp, 2000-10-31)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Straughter v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See State v. Cole man, 761 So.2d 323 (Fla.2000); State v. Young, 766 So.2d 425 (Fla. 1st DCA 2000).
Retrieving the full opinion text from the archive…
STATE of Florida
v.
Reginald B. COLEMAN
No. SC95783.
Supreme Court of Florida.
Jun 22, 2000.
761 So. 2d 323
Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Wendy Buffington, Assistant Attorney General, Tampa, Florida, for Petitioner., James Marion Moorman, Public Defender and Allyn M. Giambalvo, Assistant Public Defender, Tenth Judicial Circuit, Bar-tow, Florida, for Respondent.
Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells.
Published

Lead Opinion

PER CURIAM.

We have for review the decision in Coleman v. State, 739 So.2d 626 (Fla. 2d DCA 1999), in which the Second District reversed Coleman’s mandatory 15-year sentence which had been imposed based upon the trial court’s understanding that, because Coleman qualified as a prison releas-ee reoffender under section 775.082(2), Florida Statutes (1997)(the “Act”), and the State had sought sentencing pursuant to the Act, the trial court did not have discretion in imposing the sentence. In so doing, the Second District relied on its opinion in State v. Cotton, 728 So.2d 251 (Fla. 2d DCA 1998), and certified conflict with Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), and McKnight v. State, 727 So.2d 314 (Fla. 3d DCA 1999). We have jurisdiction. See V, § 3(b)(4), Fla. Const.

We recently quashed the Second District’s decision in Cotton and approved the First District’s decision in Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), holding that the 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, SC94996 & SC95281, — So.2d -, 2000 WL 766521 (Fla. June 15, 2000). Accordingly, for the reasons expressed in Cotton, we quash the Second District’s decision in this case, and remand for further proceedings consistent with this opinion.

It is so ordered.

HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE and LEWIS, JJ., concur. QUINCE, J., dissents with an opinion.

Dissent

QUINCE, J.,

dissenting.

I dissent for the reasons stated in my dissent in State v. Cotton, Nos. SC94996 & SC95281, - So.2d -, 2000 WL 766521 (Fla. June 15, 2000).