ALVIN HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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BLUE, Judge.
Alvin Howard appeals his convictions and sentences for attempted burglary and possession of paraphernalia. After consideration of the issues raised on appeal, we affirm. Mr. Howard was sentenced to ten years as a habitual offender with a five-year minimum mandatory term as a prison releasee reoffender. This court has rejected the claim of a double jeopardy violation when a defendant is sentenced as both a habitual offender and as a prison releasee reoffender. See Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999), review granted, No. SC99-U64, 761 So. 2d 329 (Fla.2000). We certify conflict with the Fourth District, which has held to the contrary. See, e.g., Adams v. State, 750 So. 2d 659 (Fla. 4th DCA 1999). But see Smith v. State, 754 So. 2d 100 (Fla. 1st DCA 2000) (finding no double jeopardy violation in habitual offender sentence with minimum mandatory term as prison releasee reoffender).
Affirmed; conflict certified.
PARKER, A.C.J., and GREEN, J., Concur.
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Greene v. State, 795 So. 2d 94 (Fla. 4th DCA 2000)…the tape, itself, remains the best evidence of its audibility and contents. Id. Just recently, the second district cited to Lawrence’s requirement that the court reporter was obligated to transcribe tapes played during trial. See Chavers v. State, 775 So. 2d 328 (Fla. 2d DCA 2000). The court wrote on the issue “to remind trial courts and court reporters of the serious obligation for a complete record of criminal proceedings.” Id. at 328. The state’s response to our show cause order maintains that the parti…
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Fermin Nunez v. State, 109 So. 3d 890 (Fla. 3d DCA 2013)…ter makes a good-faith effort to transcribe the audio portion of any recording presented to the jury. See Fla. R. Jud. Admin. 2.535; Martinez v. State, 761 So. 2d 1074 (Fla.2000); Greene v. State, 795 So. 2d 94 (Fla. 4th DCA 2000); Chavers v. State, 775 So. 2d 328 (Fla. 2d DCA 2000). . The defense failed to object to the trial court’s decision to send the DVD into the jury room, rather than bringing the jury back into the courtroom to view the DVD. Although this issue was not preserved, we take this opportun…
Authorities Cited
- 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)