THEODORE ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction for attempted second-degree murder based on controlling precedent, but reversed the sentence due to double jeopardy concerns regarding sentencing enhancements.
Robinson was convicted of attempted second-degree murder and sentenced as both a habitual felony offender and a prison release reoffender. He appealed…
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HARRIS, J.
Robinson was convicted of various crimes including attempted second degree murder. He appeals contending there is logically no such crime. Since a majority of the supreme court has just decided that there is, Brown v. State, — So. 2d -, 2000 WL 1472598 (Fla. Oct.5, 2000), we affirm his sentence.
Robinson also urges that it was double jeopardy to sentence him as both a habitual felony offender and as a prison release reoffender for the same crime. The State concedes that this court has previously ruled in favor of the defense on this issue. See Brooks v. State, 753 So. 2d 776 (Fla. 5th DCA 2000). Both the First and Second Districts have adopted the opposite view. Wright v. State, 25 Fla. L. Weekly D 992, - So. 2d -, 2000 WL 424053 (Fla. 1st DCA April 20, 2000), certified conflict.
Although we reverse for resentencing, we withhold the mandate and join in the Wright certification.
AFFIRMED in part; REVERSED in part. RESENTENCING REQUIRED but mandate withheld for certification.
THOMPSON, C.J., and GRIFFIN, J„ concur.
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State v. Robinson, 801 So. 2d 93 (Fla. 2001)…LEWIS, J. We have for review Robinson v. State, 770 So. 2d 722 (Fla. 5th DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. We vacate the decision of the district court and remand for reconsideration upon application of our decisions in Grant v. State, 770 So. 2d 655 (Fla.2000); State v. Cott…
Authorities Cited
- Brooks v. State, 753 So. 2d 776 (Fla. 5th DCA 2000)