JOEY BLOODWORTH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Bloodworth appeals his sentences on three criminal counts for aggravated assault, bodily injury during assault, and attempted armed kidnapping, arguing a double-jeopardy violation based on concurrent sentences imposed under both the Prison Releasee Reoffender Punishment Act (PRRA) and the habitual violent felony offender statute. The court affirms, holding that sentencing under both statutes does not violate double jeopardy.
The court holds that no double-jeopardy violation arises when a defendant is sentenced as both an habitual offender and as a reoffender under the PRRA, as the PRRA operates as a mandatory minimum sentence and does not create two separate sentences for one crime.
[1] Sentencing a defendant as both an habitual offender and a prison releasee reoffender under the PRRA does not violate double jeopardy principles.
[2] The Prison Releasee Reoffender Punishment Act (PRRA) operates as a mandatory minimum sentence and does not preclude sentencing under the habitual offender statute.
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Join FLexlaw to unlock all legal intelligence“This court however holds that no double jeopardy violation arises when a defendant is sentenced as both an habitual offender and as a [*895] reoffender under the PRRA.”
Establishes the court's holding that dual sentencing under both statutes does not violate the Double Jeopardy Clause.
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Join FLexlaw to unlock all legal intelligenceOn November 2, 1997, Bloodworth attempted to abduct a woman at knifepoint from a Winn-Dixie parking lot in Nassau County, resulting in convictions for…
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LAWRENCE, J.
Joey Bloodworth (Bloodworth), arguing a double-jeopardy violation, appeals his sentences on three criminal counts. We affirm.
A jury found Bloodworth guilty of aggravated assault, causing bodily injury during an aggravated assault, and attempted armed kidnapping. Bloodworth committed these crimes in connection with his attempt to abduct at knifepoint a woman shopper from a Winn-Dixie parking lot on the afternoon of November 2, 1997, in Nassau County. We affirm without discussion Bloodworth’s convictions.
Bloodworth’s concurrent sentences were imposed, on two counts, pursuant to both the Prison Releasee Reoffender Punishment Act (PRRA), section 775.082(8), Florida Statutes (1997), and, as an habitual violent felony offender, pursuant to section 775.084(4)(b), Florida Statutes (1997).1 Bloodworth argues that his sentences put him in double jeopardy. This court however holds that no double jeopardy violation arises when a defendant is sentenced as both an habitual offender and as a reoffender under the PRRA.2 See Smith v. State, 754 So. 2d at 101 (Fla. 1st DCA 2000) (“We find that this subsection allows a trial court to impose an HFO sentence on a PRR when the defendant qualifies under both statutes. It does not require a trial court to choose between one or the other. When a defendant receives a sentence like the one in this case, the PRR Act operates as a mandatory minimum sentence. It does not create two separate sentences for one crime.”). We thus affirm Blood-worth’s sentences.3
We nevertheless, as we did in Smith, certify conflict with Adams v. State, 750 So. 2d 659, (Fla. 4th DCA 1999), and certify the same question that we certified in Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), review granted, 740 So. 2d 529 (Fla. 1999), regarding the constitutionality of the PRRA. We accordingly affirm Bloodworth’s convictions and sentences, certify conflict with Adams, and again certify the same question of great public importance as certified in Woods and subsequent cases.
WOLF and KAHN, JJ., CONCUR. . The trial judge, on March 26, 1999, sentenced Bloodworth both as an habitual violent felony offender and pursuant to the PRRA on counts one and three (count one: to ten years, with no eligibility for release for five years; count three: to life with no eligibility for release for fifteen years). The judge sentenced Bloodworth to thirty years on count two pursuant to the PRRA (not eligible for release for thirty years), but not as an habitual violent felony offender. . Bloodworth, serving a forty-year sentence for sexual battery with a deadly weapon committed in April 1980, was released from prison in August 1997. Bloodworth thus committed a new crime within three months of his release from prison. It is undisputed that Bloodworth qualifies as both an habitual violent offender and a prison releasee reoffender. . We also observe that Bloodworth's sentence on count two must be affirmed pursuant to our opinion in Miller v. State, 751 So. 2d 115, (Fla. 1st DCA 2000). We said in Miller:
We also find no merit in Miller's argument that the trial court's designation of him as a PRR and sentence under the Act for burglary, along with the trial court's designation of him as an HFO and sentences under the habitual felony offender statute for two counts of dealing in stolen property, all concurrently imposed, violate double jeopardy principles. Notably, the trial court did not sentence Miller as both a PRR and an HFO on each count, as was the case in Adams v. State.
Id. (affirming and holding that the double jeopardy clause is not violated by a trial court's sentencing, under the PRRA, for burglary, along with trial court’s concurrent sentencing, under the habitual felony offender statute, for two counts of dealing in stolen property). Bloodworth, on count two, is subject only to the PRRA, not both the PRRA and the habitual offender statute. No double jeopardy violation exists therefore as to count two (thirty years). Miller.
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Bloodworth v. State, 790 So. 2d 1032 (Fla. 2001)…LEWIS, J. We have for review Bloodworth v. State, 754 So. 2d 894 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Bloodworth challenges his sentences under the Prison Releasee Reoffender Act (“the Act”) and the habitual violent felony offender statute. The imposition of sentences un…
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Price v. State, 764 So. 2d 694 (Fla. 1st DCA 2000)…ant to section 775.082(8), Florida Statutes (1997), the “Prison Releasee Reoffender Act” and section 775.084(4)(b)3., Florida Statutes (1997) as an habitual violent offender. We reject appellant’s constitutional arguments. See Bloodworth v. State, 754 So. 2d 894 (Fla. 1st DCA 2000); Chambers v. State, 752 So. 2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So. 2d 351 (Fla. 1st DCA 1999), rev. granted — So. 2d — (Fla. Feb. 3, 2000); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), rev. granted, 740 So. 2d 529 (…
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Richardson v. State, 763 So. 2d 1230 (Fla. 1st DCA 2000)…PER CURIAM. We have previously rejected all of the constitutional challenges to the Prison Re- [*1231] leasee Reoffender Punishment Act • (the Act) asserted by the appellant. See Bloodworth v. State, 754 So. 2d 894 (Fla. 1st DCA 2000); Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000); Chambers v. State, 752 So. 2d 64 (Fla. 1st DCA 2000); Turner v. State, 745 So. 2d 351 (Fla. 1st DCA 1999). In addition, contrary to appellant’s assertion that sentencing under…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Pollock v. Couffer, 750 So. 2d 659 (Fla. 5th DCA 1999)
- Donnell Miller v. State, 751 So. 2d 115 (Fla. 1st DCA 2000)