ROBERT PALMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed convictions for resisting arrest, battery on a law enforcement officer, and disorderly conduct, but reversed sentences imposed under the habitual felony offender act and the prison releasee reoffender act.
Appellant was convicted of resisting arrest with violence, battery on a law enforcement officer, and disorderly conduct. The sentences imposed include…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Disorderly Conduct cases and more on FLexlaw
PER CURIAM.
We affirm appellant’s convictions for resisting arrest with violence, battery on a law enforcement 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 329 (Fla. Apr. 12, 2000); Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000); Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000), and certify direct conflict.
Appellant’s other arguments, that the prison releasee reoffender act, section 775.082(9), Florida Statutes (1999), is unconstitutional, are without merit. Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999), rev. granted, SC 96713, 761 So. 2d 331 (Fla. Apr. 12, 2000); Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), rev. granted, 740 So. 2d 529 (Fla.1999).
Affirmed in part and reversed in part.
POLEN, KLEIN and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Pollock v. Couffer, 750 So. 2d 659 (Fla. 5th DCA 1999)
- Rollinson v. State, 743 So. 2d 585 (Fla. 4th 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)
- Carter v. State, 761 So. 2d 1231 (Fla. 4th DCA 2000)
- Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000)
- Ellison v. State, 758 So. 2d 719 (Fla. 5th DCA 2000)
- Bohler v. State, 758 So. 2d 719 (Fla. 4th DCA 2000)