Merritt v. State

We affirm appellant’s convictions and sentences in all respects.1 We do, however, certify the same question certified in Woods v. State, 740 So.2d 20 (Fla. 1st DCA 1999), as being one of great public importance:

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?

WOLF, KAHN and PADOVANO, JJ., concur.. We find the one alleged improper comment of the prosecutor does not merit reversal in light of the judge's instruction to the jury. As a warning to this prosecutor and…