ANTHONY VALENTINO, A/K/A MICHAEL SENECA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The state’s motion for certification and motion to stay mandate is granted.
As we did in West v. State, 758 So. 2d 1230 (Fla. 4th DCA 2000), and Brooks v. State, 764 So. 2d 648 (Fla. 4th DCA 2000), we certify conflict with our sister courts in Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000); Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000); and Grant v. State, 745 So. 2d 519 (Fla. 2d DCA), review granted, 761 So. 2d 329 (Fla.2000), on the issue of whether the double jeopardy clause precludes sentencing a defendant as both a prison releasee reoffender and an habitual felony offender. We certify to the Florida Supreme Court as a question of great public importance:
Is it a violation of double jeopardy principles to sentence a defendant under both the Prison Releasee Reoffender Act and the habitual offender statute for the same offense?
Finally, we stay our mandate pending resolution of the certified question by the supreme court.
DELL, POLEN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Harley Roy Walker v. State, 765 So. 2d 939 (Fla. 4th DCA 2000)…prison releasee reoffender act and remand for resentencing under only the prison releas-ee reoffender act. See Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999); Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999). As we did in Valentino v. State, 765 So. 2d 133 (Fla. 4th DCA 2000), West v. State, 758 So. 2d 1230 (Fla. 4th DCA 2000), and Brooks v. State, 764 So. 2d 648 (Fla. 4th DCA 2000), we certify conflict with our sister courts in Alfonso v. State, 761 So. 2d [*940] 1231 (Fla. 3d DCA 2000), rev. dismiss…
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Kenney Willis v. State, 769 So. 2d 1072 (Fla. 4th DCA 2000)…reoffender and a habitual felony offender. See Mendez v. State, 761 So. 2d 438 (Fla. 4th DCA 2000); see also Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999); Glave v. State, 745 So. 2d 1065 (Fla. 4th DCA 1999). As we did in Valentino v. State, 765 So. 2d 133 (Fla. 4th DCA 2000), West v. State, 758 So. 2d 1230 (Fla. 4th DCA 2000), and Brooks v. State, 764 So. 2d 648 (Fla. 4th DCA 2000), we certify conflict with our sister courts in Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000), Smith v. State, 754…
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Monroe v. State, 765 So. 2d 938 (Fla. 4th DCA 2000)…), 775.082, Fla. Stat. (1997). We affirm appellant’s conviction and reverse the sentence as both a habitual felony offender and a prison releasee reoffen-der. See Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999). As we did in Valentino v. State, 765 So. 2d 133 (Fla. 4th DCA 2000), West v. State, 758 So. 2d 1230 (Fla. 4th DCA 2000), and Brooks v. State, 764 So. 2d 648 (Fla. 4th DCA 2000), we certify conflict with our sister courts in Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000), rev. dismissed by,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- 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)
- West v. State, 758 So. 2d 1230 (Fla. 4th DCA 2000)
- Freddrick Brooks v. State, 764 So. 2d 648 (Fla. 4th DCA 2000)