Kirkendall v. State

CASANUEVA, Judge.

Thomas L. Kirkendall contends the trial court committed two errors in imposing his sentence as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997). First, Mr. Kirkendall contends that the Prison Releasee Reoffender Act is unconstitutional. Recently, in Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999), this court upheld the constitutionality of the reoffender act; accordingly, we affirm.

Next, Mr. Kirkendall asserts that the trial court possessed unbridled discretion in imposing his sentence. Mr. Kirkendall argues that Johns v. State, 750 So.2d…