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SIMMONS v. STATE

No. SC96465.

762 So.2d 913 (2000)

James SIMMONS, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 6, 2000.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, 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.

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...

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