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OLIVO v. STATE

No. 5D01-3543.

823 So.2d 872 (2002)

Jose OLIVO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 23, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Scott Ragan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

SHARP, W., J.

Olivo appeals from his judgments and sentences in two criminal cases.1 He was sentenced to ten years in prison for armed burglary of a dwelling pursuant to section 775.087(2), Florida Statutes (2001), commonly referred to as the "10/20/Life" statute, in case number 01-32778.

On appeal, Olivo argues that section 775.087(2) violates the separation of powers provision in article II, section 3 of the Florida constitution...

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