JOHN M. GLAVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WARNER, C.J.
We affirm appellant s conviction and find that the court did not err in overruling his objections to the state’s comments in closing argument. In the context of the entire argument, we do not construe the prosecutor’s statements as an impermissible comment on the right to remain silent or as a disparaging remark on appellant’s right to a jury trial.
However, we reverse appellant’s sentence which was imposed under both the Prisoner Releasee Reoffender Act and the Habitual Felony Offender statute, as the two sentences violate principles of double jeopardy. See Adams v. State, — So. 2d -, 1999 WL 966743 (Fla. 4th DCA Oct.20, 1999). On remand the trial court should sentence appellant pursuant to one or the other statute, but not both.
Conviction affirmed; sentence reversed.
FARMER and STEVENSON, JJ., concur.
WARNER, C.J.
The state points out that in the instant case the Habitual Felony Offender sentence was subsumed within the Prison Re-leasee Reoffender sentence. Therefore, it was not harsher than the Prison Releasee Reoffender sentence. We therefore modify our opinion by ordering the trial court to impose the Prison Releasee Reoffender sentence on remand in accordance with Adams v. State, 24 Fla. L. Weekly D2394, — So. 2d -, 1999 WL 966743 (Fla. 4th DCA Oct.20,1999).
FARMER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Vashon Oland Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999)…ng of the statute reveals that the Legislature did not intend to authorize an unconstitutional ‘double sentence’ in cases where a convicted defendant qualified as both a prison releasee reoffender and a habitual offender.”); see also Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999). Here, the trial court sentenced Lewis, as a prison releasee reoffender, to a term of fifteen years imprisonment to run concurrently with his “split sentence” as a habitual violent felony offender of ten years in prison followed…
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Melton v. State, 746 So. 2d 1188 (Fla. 4th DCA 1999)…or the trial court to vacate appellant’s sentence and resentence him pursuant to either the Prison Releasee Reoffender statute or the Habitual Felony Offender statute, but not both. See §§ 775.084, 775.082, Fla. Stat. (1999); John M. Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999). AFFIRMED in part, REVERSED in part, and REMANDED. WARNER, C.J., and GUNTHER, J., concur.…
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Jones v. State, 751 So. 2d 139 (Fla. 2d DCA 2000)…as held that a sentence imposed for the same offense under both the Prisoner Releasee Reoffender Act and the Habitual Offender Statute violates the principle of double jeopardy. See Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999); Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999); Melton v. State, 746 So. 2d 1188 (Fla. 4th DCA 1999). Therefore, to the extent that our holding on the double jeopardy issue conflicts with the Fourth District’s decision in these cases, we certify conflict. Affirmed. BLUE,…
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