Kisner v. State

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 (Fla. 5th DCA), review granted, 743 So.2d 15 (1999). But, we certify the issue to the Florida Supreme Court as we did in Richardson v. State, 748 So.2d 1042 (Fla. 5th DCA…