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KISNER v. STATE

No. 5D99-2605.

768 So.2d 1107 (2000)

Robert James KISNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion Granting Rehearing August 31, 2000.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.

PETERSON, J.

Robert James Kisner appeals the judgment and sentence he received under the Prison Releasee Reoffender Act for committing a Lewd and Lascivious or Indecent Act Upon a Child. Kisner first argues that the Prison Releasee Reoffender Act (section 775.082(8), Florida Statutes (1997)) is unconstitutional based on a separation of powers defect. We affirm on the separation of powers argument based on Speed v. State, 732 So.2d 17

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