PATRICK JOHN MCINTYRE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that consecutive life sentences for offenses arising from a single criminal episode are improper. The court also rejected challenges to the constitutionality of the Prison Releasee Reoffender Punishment Act.
Patrick John McIntyre was convicted of multiple felonies, including first-degree murder, burglary, armed arson, petty theft, and felony cruelty to ani…
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PER CURIAM.
Patrick John McIntyre timely appeals after a jury convicted him of first degree murder (Count I), burglary of a dwelling with assault while armed (Count II), armed arson (Count III), petty theft with a weapon (lesser included of Count IV), and felony cruelty to animals (Count V). He was sentenced to life in prison without parole on Count I; life on Counts II and III, to run consecutive to Count I, as a prison releasee reoffender under Florida Statutes, section 775.082(9) (1997); one year on Count IV and five years on Count V, both to run consecutive to Count I. As the state concedes, because the sentences imposed in Counts II and III arose from only one criminal episode, the court should not have imposed consecutive life sentences against him. See Hale v. State, 630 So. 2d 521 (Fla.1993). Accordingly, we reverse McIntyre’s sentences in Counts II and III and remand with instructions that his sentences be ordered to run concurrent with his life sentence in Count I.
McIntyre also challenges the constitutionality of the Prison Releasee Reoffender Punishment Act. While we reject his challenges, see Simmons v. State, 755 So. 2d 682 (Fla. 4th 1999); Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), rev. granted, 740 So. 2d 529 (Fla.1999); as we did in Simmons, we certify the following question as one of great public importance:
Does the Prison Releasee Reoffender Punishment Act, codified as section 775.082(8), Florida Statutes (1997), vio late the separation of powers clause of the Florida Constitution?
As to the remaining issues he raises on appeal, we affirm as unpersuasive.
AFFIRMED in part; REVERSED in part and REMANDED for resentencing.
STONE, POLEN and GROSS, JJ., concur.
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Smith v. State, 773 So. 2d 1278 (Fla. 5th DCA 2000)…alty could not be further increased by imposing consecutive sentences. The holding in Hale appears applicable to sentences enhanced through the prison releasee reoffender act. Philmore v. State, 760 So. 2d 239 (Fla. 4th DCA 2000); McIntyre v. State, 757 So. 2d 1288 (Fla. 4th DCA), review dismissed, 767 So. 2d 458 (Fla.2000).…
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Robinson v. State, 829 So. 2d 984 (Fla. 1st DCA 2002)…v. State, 804 So. 2d 572, 573-74 (Fla. 5th DCA 2002); Smith v. State, 800 So. 2d 703, 703-04 (Fla. 5th DCA 2001); Durr v. State, 773 So. 2d 644, 646 (Fla. 5th DCA 2000); Philmore v. State, 760 So. 2d 239, 240 (Fla. 4th DCA 2000); McIntyre v. State, 757 So. 2d 1288, 1288 (Fla. 4th DCA), review dismissed, 767 So. 2d 458 (Fla.2000). See also Spivey v. State, 789 So. 2d 1087, 1088 n. 1 (Fla. 2d DCA 2001) (applying Hale to violent career criminal sanctions). We adopt the reasoning of the Fourth and Fifth District…
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Smith v. State, 800 So. 2d 703 (Fla. 5th DCA 2001)…uld not be further increased by imposing consecutive sentences. The holding in Hale appears applicable to sentences enhanced [*704] through the prison releasee reoffender act. Philmore v. State, 760 So. 2d 239 (Fla. 4th DCA 2000); McIntyre v. State, 757 So. 2d 1288 (Fla. 4th DCA), review dismissed, 767 So. 2d 458 (Fla.2000). Smith, 773 So. 2d at 1280, n. 2. Despite this statement in Smith I, at the State’s urging, the court again imposed the same consecutive prison releasee reoffender sentences.1 As we said…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999)
- Simmons v. State, 755 So. 2d 682 (Fla. 4th DCA 1999)