GREGORY MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was sentenced to life imprisonment as a prison releasee reoffender and as a habitual felony offender following his conviction for second degree murder with a firearm. We reject appellant’s constitutional challenges to his sentence and the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997). See Grant v. State, 770 So. 2d 655 (Fla. 2000); State v. Cotton, 769 So. 2d 345 (Fla. 2000). Because the court was not authorized to 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Miller v. State, 780 So. 2d 277 (Fla. 3d DCA 2001)…firm Miller’s convictions, but find that the trial court erred in sentencing him both as a PRR and as a habitual felony offender. We, therefore, reverse this sentence and remand for the trial court to sentence him only as a PRR. See Miller v. State, 772 So. 2d 611 (Fla. 1st DCA 2000). Affirmed in part, reversed in part and remanded. . Larry Brown, the third victim, did not testify at trial. . Section 90.803(3) provides as follows: (3) Then existing mental, emotional, or physical condition. (a) A statemen…
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Campbell v. State, 29 So. 3d 1147 (Fla. 1st DCA 2010)…See § 782.04, Florida Statutes (2003). It simply says, murder. That the description of murder is generic does not prevent a defendant from being sentenced as a prison releasee reoffender for having committed that offense. See e.g., Miller v. State, 772 So. 2d 611 (Fla. 1st DCA 2000). Souza, 889 So. 2d at 956. Applying this logic, the Souza court held that DUI manslaughter is a qualifying PRR offense, because it is a varying degree of the enumerated offense of manslaughter. The same analysis applies here. B…
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Souza v. State, 889 So. 2d 952 (Fla. 5th DCA 2004)…See § 782.04, Florida Statutes (2003). It simply says, murder. That the description of murder is generic does not prevent a defendant from being sentenced as a prison releasee reoffender for having committed that offense. See, e.g., Miller v. State, 772 So. 2d 611 (Fla. 1st DCA 2000). Thus, we are convinced that the most logical reading of the PRR Act is that DUI manslaughter is a variety of manslaughter, and that the legislature intended to include it within the ambit of the PRR Act. Accordingly, we affirm…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- Walls v. State, 765 So. 2d 733 (Fla. 1st DCA 2000)
- Valdes v. State, 765 So. 2d 954 (Fla. 1st DCA 2000)
- Wright v. State, 765 So. 2d 954 (Fla. 1st DCA 2000)