DEBRA BOHLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DEBRA BOHLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
758 So. 2d 719
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 4 cases
Other
PER CURIAM.
We grant appellant’s motion for rehearing. We withdraw the opinion issued February 9, 2000 and substitute the following:
We affirm appellant’s sentence pursuant to the Prison Releasee Reoffender Act (PRRA). Rollinson v. State, 748 So. 2d 585 (Fla. 4th DCA 1999). We also hold that the PRRA applies to appellant even though she was released prior to its effective date because the crimes occurred within three years of her release but after the effective date of the statute. See id. at 587-88; Plain v. State, 720 So. 2d 585, 586 (Fla. 4th DCA 1998), rev. denied, 727 So. 2d 909 (Fla.1999).
However, we reverse appellant’s sentences imposed pursuant to both the Habitual Felony Offender Act and the PRRA. The two sentences violate double jeopardy. See Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999). On remand the trial court shall resentence appellant pursuant only to the Prison Releasee Reoffen-der Act. Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999); Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999).
AFFIRMED in part, REVERSED in part, and REMANDED.
DELL, STONE and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Palmer v. State, 760 So. 2d 1063 (Fla. 4th DCA 2000)…nforcement officer, and disorderly conduct. We reverse appellant’s sentences imposed under the habitual felony offender act and the prison releasee reoffender act and remand for resentencing under only one enhancement statute. See Bohler v. State, 758 So. 2d 719 (Fla. 4th DCA 2000); Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999). In so holding, we recognize that our holding conflicts with those of our sister courts in Grant v. State, 745 So. 2d 519 (Fla. 2d DCA), rev. granted, No. SC99-164, 761 So. 2d…
-
State v. Bohler, 791 So. 2d 1084 (Fla. 2001)…LEWIS, J. We have for review Bohler v. State, 758 So. 2d 719 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We quash that part of the district court’s decision which holds that the sentencing of the petitioner as both a habitual felony offender and a prison releasee reof-fende…
-
Bohler v. State, 795 So. 2d 1017 (Fla. 4th DCA 2001)…On Remand PER CURIAM. Pursuant to the Florida Supreme Court’s mandate in State v. Bohler, 791 [*1018] So. 2d 1084 (Fla.2001), we have reconsidered our opinion in Bohler v. State, 758 So. 2d 719 (Fla. 4th DCA 2000), in light of Grant v. State, 770 So. 2d 655 (Fla.2000), State v. Cotton, 769 So. 2d 345 (Fla.2000), McKnight v. State, 769 So. 2d 1039 (Fla.2000), and Ellis v. State, 762 So. 2d 912 (Fla.2000). We withdraw our original opinion to…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pollock v. Couffer, 750 So. 2d 659 (Fla. 5th DCA 1999)
- Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998)
- Vashon Oland Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999)
- Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999)