Philmore v. State

We affirm Philmore’s conviction on charges of attempted first-degree murder, robbery with a firearm, and burglary of an occupied structure while armed with a firearm. He was sentenced to consecutive life sentences for these crimes.

We reject Philmore’s challenges to the constitutionality of the prison releasee reoffender act but, as in Simmons v. State, 755 So.2d 682 (Fla. 4th DCA 1999), certify the following question as one of great public importance:

DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(9), FLORIDA STATUTES (1999), VIOLATE THE SEPARATION OF POWERS…