CARLOS GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Prison Releasee Reoffender Sentencing cases and more on FLexlaw
BLUE, Acting Chief Judge.
Carlos Green was sentenced to concurrent sentences as a habitual felony offender and as a prison releasee reoffender following his conviction for manslaughter. We reject Green’s challenges to his conviction. We also reject his constitutional challenges to his sentence and to the Prison Releasee Reoffender Punishment 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 impose concurrent sentences as a habitual felony offender and as a prison releasee reoffender, we strike the habitual offender designation. See Grant, 770 So. 2d at 659.
Conviction affirmed; prison releasee reoffender sentence affirmed; habitual offender designation stricken.
GREEN and SALCINES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Green v. State, 998 So. 2d 1149 (Fla. 2d DCA 2008)…cludes an assessment for future days in prison that the prisoner may or may not actually serve. In case number CRC98-11799CFANO in the Sixth Judicial Circuit, Mr. Green was convicted of manslaughter for an offense committed in 1998. Green v. State, 782 So. 2d 416 (Fla. 2d DCA 2001). Eventually, he was legally sentenced to fifteen years’ incarceration as a prison releasee reoffender for this offense. Id.; see also Green v. State, 813 So. 2d 184 (Fla. 2d DCA 2002). Thereafter, while Mr. Green was in the custo…
-
Portela v. State, 786 So. 2d 35 (Fla. 4th DCA 2001)…ority to sentence appellant under the habitual felony offender statute. See id. at 734. We find that the trial court erred in sentencing Pórtela as both an HFO and a PRR. Accordingly, we strike the habitual offender designations. See Green v. State, 782 So. 2d 416(Fla. 2d DCA 2001). WARNER, C.J., STONE and FARMER, JJ., concur.…
-
Green v. State, 813 So. 2d 184 (Fla. 2d DCA 2002)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)