LARRY BRYANT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while the appellant's constitutional challenges to the Prison Releasee Reoffender Act were without merit, his sentence must be reversed due to a double jeopardy violation.
Larry Bryant was convicted of robbery and sentenced under multiple habitual offender statutes. He appealed, raising numerous issues including a double…
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PER CURIAM.
Larry Bryant was convicted of robbery and sentenced to forty years in prison with a mandatory minimum of thirty years. Although he raises numerous issues on appeal, we affirm them without discussion, except for a double jeopardy challenge to his sentence.
The trial court sentenced appellant as a habitual violent felony offender, violent career criminal, and prison releasee reoffen-der. We conclude that appellant’s constitutional challenges to the Prison 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 Adams, and we therefore certify conflict with those cases. See Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000); Newsome v. State, 25 Fla. L. Weekly D619, — So. 2d —, 2000 WL 256153 (Fla. 2d DCA Mar.8 2000); McDaniel v. State, 751 So. 2d 182 (Fla. 2d DCA 2000); Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999), rev. granted, 761 So. 2d 329 (Fla.2000); Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000).
AFFIRMED in part, REVERSED, in part, and REMANDED.
WARNER, C.J., TAYLOR and HAZOURI, JJ., concur.
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Herrera v. State, 879 So. 2d 38 (Fla. 4th DCA 2004)…exual battery and battery. See Beltran v. State, 700 So. 2d 132 (Fla. 4th DCA 1997).1 However, if the battery is based on the same acts that form the basis for the sexual battery, double jeopardy prohibits dual convictions. [*42] In Garcia v. State, 769 So. 2d 449 (Fla. 4th DCA 2000), the defendant challenged his convictions for sexual battery and simple battery as a lesser included offense of burglary with a battery on the basis that the dual convictions violated double jeopardy. The act establishing the cla…
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Firth v. State, 43 So. 3d 920 (Fla. 5th DCA 2010)…nd simple battery violate double jeopardy. Concluding that the simple battery, a category one lesser-included offense, arose from the same criminal episode as the sexual battery, we vacate the conviction on the simple battery count. Garcia v. State, 769 So. 2d 449, 449 (Fla. 4th DCA 2000). We affirm in all other respects. AFFIRMED IN PART; VACATED IN PART. GRIFFIN, ORFINGER and TORPY, JJ., concur.…
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Romayne O. Morrison v. State, 227 So. 3d 221 (Fla. 5th DCA 2017)…endant can be convicted of both [attempted] sexual battery and battery. However, if the battery is based on the same acts that form the basis for the sexual battery, double jeopardy prohibits dual convictions.” (citations omitted)); Garcia v. State, 769 So. 2d 449, [*222] 449 (Fla. 4th DCA 2000) (“[B]ecause there was one continuous offense in this case, and the battery was not separate from the sexual battery, double jeopardy prohibits the multiple convictions and punishments.”). We therefore vacate Appellant…
Authorities Cited (12 total)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- 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)
- Vashon Oland Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999)
- Carter v. State, 761 So. 2d 1231 (Fla. 4th DCA 2000)
- Alfonso v. State, 761 So. 2d 1231 (Fla. 3d DCA 2000)
- McDANIEL v. State, 751 So. 2d 182 (Fla. 2d DCA 2000)
- Tatyana Vaynriber v. Ana Maderal-Cozad, D.D.S., 761 So. 2d 438 (Fla. 3d DCA 2000)