JAMES ROY MELTON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DELL, J.
We affirm appellant’s conviction for committing a lewd, lascivious, or indecent act upon a child under the age of sixteen in violation of section 800.04, Florida Statutes (1997). The trial court did not abuse its discretion when it sustained the State’s objection to a comment made by appellant’s counsel during closing argument. The objectionable statement as phrased constituted a comment upon facts not in evidence.
We reverse appellant’s sentences under both the prison releasee reoffender statute and the habitual offender statute as a violation of the double jeopardy protection against multiple punishment for the same offense. See Cardell Adams v. State, No. 98-3338, - So. 2d -, -, 1999 WL 966743, at *2 (Fla. 4th DCA Oct.20, 1999). We remand for 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.
Cases With Similar Vibessemantic neighbors from the corpus
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…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999)