ALVIN DEREAK CHAMBERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Alvin Chambers was convicted of attempted sexual battery and battery, and sentenced as both a habitual violent felony offender and a prison releasee reoffender. The appellate court affirmed his conviction and sentence, certified a question of constitutional significance regarding the Prison Releasee Reoffender Punishment Act, and acknowledged inter-district conflict on the dual enhancement issue.
The court affirmed the conviction and sentence. The arguments challenging the constitutionality of the Prison Releasee Reoffender Punishment Act have been repeatedly rejected and a question of great public importance was recertified. Dual sentencing as both an habitual violent felony offender and a prison releasee reoffender does not violate the Double Jeopardy Clause, though the court acknowledged inter-district conflict on this issue.
[1] The constitutionality of the Prison Releasee Reoffender Punishment Act has been consistently upheld by Florida appellate courts.
[2] Sentencing a defendant as both an habitual violent felony offender and a prison releasee reoffender for the same offense does not violate the Double Jeopardy Clause.
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Join FLexlaw to unlock all legal intelligence“Appellant was found guilty of the third-degree felony of attempted sexual battery not likely to cause serious personal injury (Count One) and misdemeanor battery (Count Two). The trial court classified Appellant as an habitual violent felony offender pursuant to section 775.084, Florida Statutes (1997), and designated him also as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997).”
Establishes the charges, conviction, and statutory enhancements imposed by the trial court
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Join FLexlaw to unlock all legal intelligenceAppellant was found guilty of third-degree felony attempted sexual battery not likely to cause serious personal injury and misdemeanor battery. The tr…
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BROWNING, J.
Appellant was found guilty of the third-degree felony of attempted sexual battery not likely to cause serious personal injury (Count One) and misdemeanor battery (Count Two).
The trial court classified Appellant as an habitual violent felony offender pursuant to section 775.084, Florida Statutes (1997), and designated him also as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997). On Count One, the court sentenced Appellant as both an habitual violent felony offender and a prison releasee reoffender to 10 years’ incarceration, with a 5-year minimum mandatory term. The court imposed a 1-year prison term in Count Two based on the prison releasee reoffender provisions. In this direct appeal, Appellant contends, first, that the lower court erred in sentencing him pursuant to the Prison Releasee Reoffender Punishment Act, which, he argues, is unconstitutional.
Second, Appellant asserts that the court erred in sentencing him as both an habitual violent felony offender and a prison releasee reoffender.
We affirm the conviction and sentence, recertify a question of great public importance on the first issue, and acknowledge inter-district conflict on the second issue.
The arguments made in support of the claim of the unconstitutionality of section 775.082(8) have been considered and rejected in numerous decisions of our own court and other Florida district courts of appeal. See, e.g., Woods v. State, 740 So. 2d 20 (Fla. 1st DCA), review granted, 740 So. 2d 529 (Fla.1999); Branch v. State, 25 Fla. L. Weekly D751, — So. 2d —, 2000 WL 289731 (Fla. 1st DCA Mar.21, 2000); Turner v. State, 745 So. 2d 351 (Fla. 1st DCA 1999); Young v. State, 719 So. 2d 1010 (Fla. 4th DCA 1998). We certify the same question previously certified in Woods.
In his second issue, Appellant argues that it was error and a denial of the Double Jeopardy Clause protection from multiple punishment to sentence him as both an habitual violent felony offender and a prison releasee reoffender in Count One. We found a similar argument to be meritless in Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000), and Taylor v. State, 755 So. 2d 195 (Fla. 1st DCA 2000). Accord McDaniel v. State, 751 So. 2d 182 (Fla. 2d DCA 2000); Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999).
However, as in Wright v. State, 25 Fla.
L. Weekly D992, — So. 2d —, 2000 WL 424058 (Fla. 1st DCA Apr. 20, 2000), we acknowledge that our holding on this point conflicts with the decisions in Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999), and Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999).
AFFIRMED.
ERVIN and VAN NORTWICK, JJ., CONCUR.
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Johnson v. State, 765 So. 2d 773 (Fla. 4th DCA 2000)…in Adams or in this case today. A number of Florida appellate decisions have been contrary to. our Adams analysis. See Barge v. State, 763 So. 2d 1289 (Fla. 1st DCA 2000); Bloodworth v. State, 754 So. 2d 894 (Fla. 1st DCA 2000); Chambers v. State, 764 So. 2d 658 (Fla. 1st DCA 2000); Nichols v. State, 755 So. 2d 782 (Fla. 1st DCA 2000); Palmore v. State, - So. 2d -, 2000 WL 627666 (Fla. 1st DCA May 17, 2000); Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000); Taylor v. State, 755 So. 2d 195 (Fla. 1st DCA 20…
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Chambers v. State, 789 So. 2d 336 (Fla. 2001)…LEWIS, J. We have for review Chambers v. State, 764 So. 2d 658 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Chambers challenges his sentence under the Prison Releasee Reoffender Act (the “Act”) on grounds previously addressed by this Court. See Grant v. State, 770 So. 2d 655 (…
Authorities Cited (11 total)
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- Pollock v. Couffer, 750 So. 2d 659 (Fla. 5th DCA 1999)
- Mundy v. State, 745 So. 2d 351 (Fla. 1st 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)
- Barfield v. State, 719 So. 2d 1010 (Fla. 4th DCA 1998)
- Young v. State, 719 So. 2d 1010 (Fla. 4th DCA 1998)
- Vashon Oland Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999)
- McDANIEL v. State, 751 So. 2d 182 (Fla. 2d DCA 2000)