LEON ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed conviction for kidnapping incident to carjacking, but reversed the sentence imposed under both the prison releasee reoffender and violent career criminal statutes as violating double jeopardy principles.
A kidnapping conviction may stand even when incident to carjacking, but a defendant cannot be sentenced under both the prison releasee reoffender and violent career criminal statutes simultaneously.
[1] A court may impose only the harsher sentence when a defendant qualifies for both prison releasee reoffender and violent career criminal sentencing enhancements, not both…
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Join FLexlaw to unlock all legal intelligenceA homeless man and another man stole a car that contained a child in a car seat, resulting in convictions for carjacking and kidnapping.…
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PER CURIAM.
Appellant, a homeless man, was convicted of carjacking and kidnaping and sentenced to life in prison after he and another man stole a car containing a child in a carseat. Appellant appeals his conviction for kidnaping and the resulting life sentence on the ground that the kidnaping was incident to the underlying carjacking and that his sentence as both a prison releasee reoffender and a violent career criminal violates the protection against double jeopardy. We affirm the conviction for kidnaping,1 but reverse the sentence and remand to the trial court with directions to vacate the sentence under the violent career criminal act. See Adams v. State, 750 So. 2d 659, 662 (Fla. 4th DCA 1999)(holding that “court can only decline to enter a PRR sentence when it imposes a harsher HFO sentence”); see also Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999)(on rehearing). We note that this result conflicts with recent decisions from our sister courts, and accordingly certify conflict with Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999), review granted, — So. 2d - (Fla. Apr. 12, 2000), Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000), and Alfonso v. State, — So. 2d -, 2000 WL 873296 (Fla. 3d DCA July 5, 2000).
AFFIRMED in part; REVERSED in part.
KLEIN, STEVENSON and HAZOURI, JJ., concur. . See Faison v. State, 426 So. 2d 963, 966 (Fla.1983); Cathcart v. State, 643 So. 2d 702 (Fla. 4th DCA 1994).
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Citator
Cited By
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Harris v. State, 764 So. 2d 942 (Fla. 4th DCA 2000)…to vacate the habitual violent felony offender sentence. See Adams v. State, 750 So. 2d 659, 662 (Fla. 4th DCA 1999) (holding that “court can only decline to enter a PRR sentence when it imposes a harsher HFO sentence”); see also Robinson v. State, 757 So. 2d 1267 (Fla. 4th DCA 2000). We note this result conflicts with recent decisions from our sister courts and accordingly certify conflict with Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999), rev. granted, No. SC99-164, 761 So. 2d 329 (Fla. Apr. 12, 2000);…
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Delgado v. State, 19 So. 3d 1055 (Fla. 3d DCA 2009)…endant were the only persons who knew the location of the truck and the child for 30 minutes or more, Delgado extended the time of confinement by keeping that information to himself. . N.C. Gen.Stat. Ann. § 14-39(b) (2008). . In Robinson v. State, 757 So. 2d 1267, 1267 (Fla. 4th DCA 2000), the Fourth District affirmed the conviction of a defendant who "stole a car containing a child in a car seat.” The facts recited in that opinion, however, do not report the point at which the defendant became aware of the…
Authorities Cited
- Faison v. State, 426 So. 2d 963 (Fla. 1983)
- Pollock v. Couffer, 750 So. 2d 659 (Fla. 5th DCA 1999)
- Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000)
- Ames v. State, 745 So. 2d 519 (Fla. 3d DCA 1999)
- Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999)
- Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999)
- Cathcart v. State, 643 So. 2d 702 (Fla. 4th DCA 1994)