KENNEY WILLIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the convictions but reversed and remanded for resentencing.
Appellant was convicted of burglary, sexual battery, and robbery and sentenced as a prison releasee reoffender and habitual offender for multiple coun…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Dwelling cases and more on FLexlaw
PER CURIAM.
Appellant, Kenney Willis, was tried by jury and convicted of burglary of a dwelling with assault, two counts of sexual battery, and one count of robbery. Willis was sentenced to life imprisonment as both a prison releasee reoffender and a habitual offender as to count 1 (burglary with assault), and to concurrent 30-year sentences as a habitual felon and as a prison releasee reoffender as to counts 2 and 3 (sexual battery without great force for the burglary) and count 6 (robbery). We affirm the convictions but reverse and remand for resentencing.
We reverse and remand for the imposition of a single sentence rather than dual or alternative sentences as both a prison releasee 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 So. 2d 100 (Fla. 1st DCA 2000), and Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999), rev. 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 reoffen-der and a habitual felony offender. AFFIRMED in part, REVERSED in part and REMANDED.
DELL, GUNTHER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Edmond Whack v. State, 768 So. 2d 540 (Fla. 5th DCA 2000)…and that the two statutory enhancements merely provide the state with alternative options to seek whichever enhancement will imprison the defendant for the longest term. See Lewis v. State, 751 So. 2d 106 (Fla. 5th DCA 1999). Accord Willis v. State, 769 So. 2d 1072 (Fla. 4th DCA 2000); Hamilton v. State, 752 So. 2d 1274 (Fla. 4th DCA 2000). Accordingly, we vacate Mr. Whack’s 15-year prison releasee reoffender sentences while affirming the 20-year habitual violent felony offender sentence. We certify conflict w…
Authorities Cited (12 total)
- 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)
- Glave v. State, 745 So. 2d 1065 (Fla. 4th 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)
- Tatyana Vaynriber v. Ana Maderal-Cozad, D.D.S., 761 So. 2d 438 (Fla. 3d DCA 2000)