STATE OF FLORIDA, APPELLANT,

v.

RICHARD HYDE, APPELLEE

Citator

Cited By

• Jones v. State, 751 So. 2d 139 (Fla. 2d DCA 2000)
  …nder 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, A.C.J., and SALCINES, J., Concur.…
• Bright v. State, 760 So. 2d 287 (Fla. 5th DCA 2000)
  …ant may be sentenced for one offense as either a Habitual Felony Offender or a Prison Releasee Reoffender, but not both. See Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999); Hamilton v. State, 752 So. 2d 1274 (Fla. 4th DCA 2000); Melton v. State, 746 So. 2d 1188 (Fla. 4th DCA 1999); Glave v. State, 745 So. 2d 1065, 1066 (Fla. 4th DCA 1999). However, that does not mean that the defendant is entitled to relief. We also agree with the fourth district, which has held that a defendant can be sentenced as a Habit…
• Dragani v. State, 759 So. 2d 745 (Fla. 5th DCA 2000)
  …5). However, we agree with Dragani that the trial court should not have sentenced him for both crimes under both the Habitual Offender and the Prison Releasee Reoffender statutes. Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999); Melton v. State, 746 So. 2d 1188 (Fla. 4th DCA 1999); Glave. v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999). In Thomas v. State, 745 So. 2d 1119 (Fla. 5th DCA 1999), we held that concurrent sentences as a violent career criminal and a PRR for two counts of lewd and lascivious act in…

Authorities Cited

• Coolidge v. New Hampshire, 403 U.S. 443 (U.S. 1971)
• Payton v. New York, 445 U.S. 573 (U.S. 1980)
• Horton v. California, 496 U.S. 128 (U.S. 1990)