CALVIN HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Harris's armed robbery conviction but reversed his sentence because imposing both a prison releasee reoffender sentence and a habitual violent felony offender sentence violated double jeopardy protections.
A defendant cannot be sentenced under both the prison releasee reoffender act and the habitual violent felony offender act as this violates double jeopardy protections.
[1] A defendant cannot be sentenced under both the prison releasee reoffender act and the habitual violent felony offender act, as such dual sentencing violates double jeopar…
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Join FLexlaw to unlock all legal intelligenceHarris was convicted of armed robbery and sentenced under both the prison releasee reoffender act and the habitual violent felony offender act.…
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PER CURIAM.
The Defendant appeals his conviction and sentence for armed robbery. He argues the trial court abused its discretion in denying his motion to suppress and in failing to grant a mistrial after a witness referred to him by an alias. We affirm his conviction without comment.
He also challenges his sentence on the basis that being sentenced under both the prison releasee reoffender act and the habitual violent felony offender act violates the protection against double jeopardy. We reverse his sentence and remand to the trial court with directions to vacate the habitual violent felony offender sentence. See Adams v. State, 750 So. 2d 659, 662 (Fla. 4th DCA 1999) (holding that “court can only decline to enter a PRR sentence when it imposes a harsher HFO sentence”); see also Robinson v. State, 757 So. 2d 1267 (Fla. 4th DCA 2000). We note this result conflicts with recent decisions from 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.
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State v. Harris, 788 So. 2d 955 (Fla. 2001)…LEWIS, J. We have for review Harris v. State, 764 So. 2d 942 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We partially quash the decision of the district court below only as it relates to the petitioner’s sentencing under the Prison Releasee Reoffender Act, and remand for re…
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Weire v. State, 767 So. 2d 1291 (Fla. 4th DCA 2000)…e is reviewable under Maddox v. State, 760 So. 2d 89 (Fla.2000), as fundamental error. Sentencing under both the habitual offender statutes and the prison releas-ee reoffender statute offends double jeopardy principles. See, e.g., Harris v. State, 764 So. 2d 942 (Fla. 4th DCA 2000); Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999). Moreover, a court can decline to enter a prison releasee reoffender sentence only when it chooses instead to impose a harsher habitual offender sentence. See Adams, 750 So. 2d…
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Harris v. State, 790 So. 2d 1292 (Fla. 4th DCA 2001)…the Habitual Violent Felony Offender Act was a violation of double jeopardy. This Court reversed the Defendant’s sentence and remanded the case to the trial court with directions to vacate the habitual felony offender sentence. See Harris v. State, 764 So. 2d 942 (Fla. 4th DCA 2000). We noted, however, that our decision conflicted with the decisions of other districts and certified the conflict. The Florida Supreme Court quashed our decision as it relates to the Defendant’s sentencing under the Prison Rele…
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)
- Robinson v. State, 757 So. 2d 1267 (Fla. 4th DCA 2000)