RONALD WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Prison Releasee Reoffender Act cases and more on FLexlaw
PER CURIAM.
Following his conviction for robbery with a firearm, the appellant was sentenced to life imprisonment as a prison releasee reoffender and as a habitual felony offender. We reject the appellant’s constitutional challenges to the Prison Re-leasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997). See State v. Cotton, 25 Fla. L. Weekly S463, — So. 2d -, 2000 WL 766521 (Fla. June 15, 2000). But we agree with his further argument that, in light of our decision in Walls v. State, 765 So. 2d 733 (Fla. 1st DCA 2000), it was improper to impose appellant’s life sentence under both the habitual felony offender statute and the prison releasee reoffender statute. Accordingly, we strike the habitual felony offender designation.
AFFIRMED in part and REVERSED in part.
ALLEN, LAWRENCE and BENTON, JJ„ CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jackson v. State, 825 So. 2d 1021 (Fla. 1st DCA 2002)…he State argues the modification is lawful. We agree with Appellant and reverse and remand. HFO sentences for offenses occurring during the same criminal episode must run concurrently. Hale v. State, 630 So. 2d 521, 524 (Fla.1993); Valdes v. State, 765 So. 2d 954 (Fla. 1st DCA 2000) (stating consecutive HFO sentences for offenses [*1023] occurring during the same criminal episode are illegal.) Although a trial court may correct an illegal sentence at any time, Fla. R.Crim. P. 3.800(a); Moore v. State, 768 So…
-
Miller v. State, 772 So. 2d 611 (Fla. 1st DCA 2000)…sentence appellant to a life sentence under both the habitual felony offender and the prison releasee reoffender statute, however, we strike the habitual offender designation. See Walls v. State, 765 So. 2d 733 (Fla. 1st DCA 2000); Wright v. State, 765 So. 2d 954 (Fla. 1st DCA 2000). AFFIRMED. BOOTH, MINER and KAHN, JJ., CONCUR.…
Authorities Cited
- Walls v. State, 765 So. 2d 733 (Fla. 1st DCA 2000)