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MARZULLO v. STATE

No. 98-4452.

791 So.2d 1 (1999)

Benny Nick MARZULLO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 16, 1999.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; David A. Davis, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. However, as we did in Woods v. State, 740 So.2d 20 (Fla. 1st DCA), review granted, 740 So.2d 529 (Fla. 1999), we certify the following question to the Florida Supreme Court:

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?

BOOTH, MINER and KAHN...

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