RALPH ALFONSO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the conviction and sentence in all respects. We certify conflict with Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999) on the issue of whether the double jeopardy clause precludes sentencing of a defendant as both a prison releas-ee reoffender and a habitual felony offender. We also certify conflict with Oliveira v. State, 751 So. 2d 611 (Fla. 4th DCA 1999) on the issue of whether the double jeopardy clause precludes sentencing of a defendant as either a prison releasee reoffender or an habitual violent felony offender, after the defendant’s sentence had already been enhanced pursuant to Section 784.07, Florida Statutes (1997).
Affirmed; conflict certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Grant v. State, 770 So. 2d 655 (Fla. 2000)…ARDING, ANSTEAD and PARIENTE, JJ., concur. QUINCE, J., concurs in part and dissents in part with an opinion. . However, Grant is consistent with decisions of the Third and First Districts addressing the double jeopardy issue. See Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000) (affirming Alfonso’s conviction and sentence as both a prison releasee reoffender and a habitual felony offender in all respects, but certifying conflict with Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999), on the issue of whe…
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West v. State, 758 So. 2d 1230 (Fla. 4th DCA 2000)…that our holding conflicts with those of our sister courts in Grant v. State, 745 So. 2d 519 (Fla. 2d DCA), review granted, No. SC99-164, 761 So. 2d 329 (Fla. Apr. 12, 2000), Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000), and Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000), and, as we did in Brooks v. State, No. 4D99-1017, — So. 2d -, 2000 WL 526040 (Fla. 4th DCA May 3, 2000), certify the conflict. AFFIRMED in part and REVERSED in part. DELL and STONE, JJ., concur. . See § 775.082(8), Fla. Stat.…
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Harris v. State, 764 So. 2d 942 (Fla. 4th DCA 2000)…rom 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); Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000); and Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000), rev. dismissed, No. SC00-1249, 767 So. 2d 453 (Fla. June 21, 2000). AFFIRMED in part, REVERSED in part, and REMANDED. DELL, GUNTHER and STEVENSON, JJ., concur.…
Previewing 3 of 18 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)
- Oliveira v. State, 751 So. 2d 611 (Fla. 4th DCA 1999)