SMITH v. STATE

No. 98-2894.

753 So.2d 575 (1999)

Andrea SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 20, 1999.


Attorney(s) appearing for the Case

Mark Wilensky of Dubiner & Wilensky, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, Andrea Smith, appeals his sentence of fifteen years in state prison pursuant to section 775.082(8)(a)1., Florida Statutes (1997), the Prison Releasee Reoffender Act, on the grounds 1) that the trial judge erred in determining that sentencing under the Act was mandatory when the victim submits a letter to the judge requesting that the defendant is not sentenced under the Act, and 2) that the Act is unconstitutional because it violates the prohibition...

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