JAMES MCCRAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES MCCRAY, APPELLANT,
STATE OF FLORIDA, APPELLEE
762 So. 2d 1004
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court sentenced appellant as a habitual felony offender, violent career criminal, and prison releasee reoffender. We remand for re-sentencing and instruct the trial court to sentence appellant under only one sentencing provision. Mendez v. State, 761 So. 2d 438 (Fla. 4th DCA 2000); Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999).
We recognize that this decision conflicts with those of other districts, and, thus, certify conflict with Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999) rev. granted, 761 So. 2d 329 (Fla.2000); Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000), and Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000).
REVERSED and REMANDED.
FARMER, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bryant v. State, 769 So. 2d 449 (Fla. 4th DCA 2000)…rison Releasee Reoffender Act are without merit. See State v. Cotton, 769 So. 2d 345 (Fla.2000). However, appellant’s sentence must be reversed because its imposition under the various sentencing provisions violates double jeopardy. McCray v. State, 762 So. 2d 1004 (Fla. 4th DCA 2000); Mendez v. State, 761 So. 2d 438 (Fla. 4th DCA 2000); Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999); Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999). We recognize that the decisions of our sister courts conflict with Ad…
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Donnie Lee Prince v. State, 980 So. 2d 1285 (Fla. 4th DCA 2008)…PER CURIAM. In Prince v. State, 762 So. 2d 1004 (Fla. 4th DCA 2000), we explained that appellant had filed his seventh pro se post-conviction motion under rule 3.850 raising the same sentencing issue he has previously raised, and after issuing an order to show cause, and considering appellant’s r…
Authorities Cited
- 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)
- Carter v. State, 761 So. 2d 1231 (Fla. 4th DCA 2000)
- Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000)
- Tatyana Vaynriber v. Ana Maderal-Cozad, D.D.S., 761 So. 2d 438 (Fla. 3d DCA 2000)