DEMETRIUS JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-01-21
No. 2D99-712
BLUE, A.C.J., and SALCINES, J., Concur.
751 So. 2d 139 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 10 cases
Topics
Habitual Offender Sentencing Double Jeopardy

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Opinion of the Court
FULMER, Judge.

[*140] FULMER, Judge.

Demetrius Jones appeals his sentence for felony battery arguing section 775.082(8), Florida Statutes (1997), the Prisoner Releasee Reoffender Act, is unconstitutional and the sentences imposed for that offense under both the Habitual Offender Statute and section 775.082(8) violate the prohibition against double jeopardy. In Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999), this court recently considered and rejected the identical challenges to section 775.082(8). Accordingly, we affirm.

We note, however, that the Fourth District has 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, A.C.J., and SALCINES, J., Concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Brinson v. State, 751 So. 2d 1256 (Fla. 2d DCA 2000)
    …udgment of acquittal without further comment. Appellant’s claims as to the constitutionality of the Prisoner Releasee Reoffender Act were considered and rejected by this court in Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999). See Jones v. State, 751 So. 2d 139 (Fla. 2d DCA 2000). We therefore affirm appellant’s sentence. We recognize that the Fourth District has ruled contrary to our opinion in Grant and has held that a sentence imposed under both the Prisoner Releasee Reoffender Act and the Habitual Of…
  • Ward v. State, 765 So. 2d 299 (Fla. 5th DCA 2000)
    …te, [*302] 745 So. 2d 1065 (Fla. 4th DCA 1999). But see Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000); Newsome v. State, 2000 WL 256153, — So. 2d - (Fla. 2d DCA Mar.8, 2000); McDaniel v. State, 751 So. 2d 182 (Fla. 2d DCA 2000); Jones v. State, 751 So. 2d 139 (Fla. 2d DCA), rev. granted, Case No. 00-282, 99-712, 760 So. 2d 947 (Fla. March 4, 2000); Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999) ,rev. granted, Case No. 99-164, 761 So. 2d 329 (Fla. April 12, 2000). There is a conflict which the first an…
  • Newsome v. State, 779 So. 2d 351 (Fla. 2d DCA 2000)
    …e Habitual Offender Statute and the Prisoner Releasee Reoffender Act violates the prohibition against double jeopardy. This court considered and rejected these exact arguments in Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999). See Jones v. State, 751 So. 2d 139 (Fla. 2d DCA 2000). We therefore affirm Newsome’s sentence. We recognize that the Fourth District has ruled contrary to our opinion in Grant and has held that a sentence imposed under both the Prisoner Releasee Reoffender Act and the Habitual Offe…

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