Legal Opinion

Tobler v. State

District Court of Appeal of Florida

Decided April 6, 2018No. Case No. 5D18–80PublishedCited by 9 opinions

1Per curiam

AFFIRMED. We reject Appellant's argument that the Prison Releasee Reoffender Act is unconstitutional because it allows the judge, rather than the jury, to determine whether a defendant qualifies as a prison releasee reoffender for sentencing purposes. See Chapa v. State , 159 So.3d 361, 362 (Fla. 4th DCA 2015) ; Lopez v. State , 135 So.3d 539, 540 (Fla. 2d DCA 2014).

COHEN, C.J., TORPY, and EDWARDS, JJ., concur.

2Cases cited2 opinions

  1. Lopez v. StateDistrict Court of Appeal of Florida · 2014
  2. Chapa v. StateDistrict Court of Appeal of Florida · 2015

3Cited by9 opinions

  1. HEATHCLIFF PETERS v. THE STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  2. Hood v. StateDistrict Court of Appeal of Florida · 2019
  3. Hood v. StateDistrict Court of Appeal of Florida · 2019
  4. JAMES C. SMITH vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2022
  5. Jesse David Hicks v. State of FloridaDistrict Court of Appeal of Florida · 2025

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