RICKY HAMILTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The Defendant appeals his conviction for aggravated battery and his sentences as a habitual felony offender and prison releas-ee reoffender. We affirm the conviction in all respects, but remand for resentencing.
The Defendant argues that his twenty-year sentence as a habitual offender and his fifteen-year sentence under the Prison Releasee Reoffender Act for the same offense violates the double jeopardy clause. We agree. This court has recently held that a defendant may be sentenced for one offense as either a habitual felony offender or a prison releasee reoffender, but not both. See Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999); Melton v. State, 746 So. 2d 1188 (Fla. 4th DCA 1999); Glare v. State, 745 So. 2d 1065-66 (Fla. 4th DCA 1999). Accordingly, we reverse and remand solely for resentencing.
AFFIRMED in part; REVERSED in part; and REMANDED.
GUNTHER, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Bright v. State, 760 So. 2d 287 (Fla. 5th DCA 2000)…ourt has agreed with the fourth district that a defendant 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…
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Edmond Whack v. State, 768 So. 2d 540 (Fla. 5th DCA 2000)…he state with alternative options to seek whichever enhancement will imprison the defendant for the longest term. See Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999). Accord Willis v. State, 769 So. 2d 1072 (Fla. 4th DCA 2000); Hamilton v. State, 752 So. 2d 1274 (Fla. 4th DCA 2000). Accordingly, we vacate Mr. Whack’s 15-year prison releasee reoffender sentences while affirming the 20-year habitual violent felony offender sentence. We certify conflict with Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000)…
Authorities Cited
- Pollock v. Couffer, 750 So. 2d 659 (Fla. 5th DCA 1999)
- Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999)
- State v. Hyde, 746 So. 2d 1188 (Fla. 4th DCA 1999)
- Melton v. State, 746 So. 2d 1188 (Fla. 4th DCA 1999)