HECTOR PORTELA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-05-02
No. 4D01-539
WARNER, C.J., STONE and FARMER, JJ., concur.
786 So. 2d 35 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 2 cases

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Synopsis

Portela appeals the denial of his motion for postconviction relief regarding his convictions for attempted robbery, aggravated assault, battery, burglary, and aggravated assault. The court reversed his sentences as a violent habitual felony offender (HFO) because the trial court lacked statutory authority to impose concurrent sentences under both the HFO and prison releasee reoffender (PRR) statutes.


Holding

The trial court erred in sentencing Portela under both the HFO and PRR statutes because section 775.082(8)(c) authorizes deviation from the PRR sentencing scheme only to impose a greater sentence, and a life term under the HFO statute is not greater than a life term under the PRR statute. The court struck the habitual offender designations.


Headnotes

[1] A trial court errs by sentencing a defendant under both the habitual felony offender statute and the prison releasee reoffender statute when the latter statute only autho…

[2] The imposition of a longer, concurrent term of imprisonment with a prison releasee reoffender mandatory minimum sentence does not violate double jeopardy.

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Key Quotes

“the imposition of an applicable longer, concurrent term of imprisonment with a PRR mandatory minimum sentence does not violate double jeopardy”

Establishes that concurrent PRR sentences do not violate constitutional protections, addressing potential double jeopardy concerns

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Facts & Procedural History

Portela was convicted in two cases: in the first, of attempted robbery, aggravated assault, and battery; in the second, of burglary of a dwelling whil…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Hector Portela appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Pórtela was convicted in one case of attempted robbery, aggravated assault, and battery, and was sentenced to concurrent 5-year prison terms as a violent habitual felony offender, and as a prison releasee reoffender. In a second case, he was convicted of burglary of a dwelling while armed and aggravated assault and was sentenced to concurrent 5-year prison terms as a violent habitual felony offender, and a prison releasee reof-fender. In Grant v. State, 770 So. 2d 655, 658 (Fla.2000), the Florida Supreme Court found that “the imposition of an applicable longer, concurrent term of imprisonment with a PRR mandatory minimum sentence does not violate double jeopardy.” However, the Grant Court cited with approval Walls v. State, 765 So. 2d 733 (Fla. 1st DCA 2000), where the First District found that the trial court erred in entering two concurrent, equal sentences. The First District found there was error not because such sentencing violated double jeopardy, but because it was not authorized by the PRR Act.

Because section 775.082(8)(c), now section 775.082(9), Florida Statutes (2000), authorizes the court to deviate from the prison releasee reoffender sentencing scheme only to impose a greater sentence of incarceration, and because a life term under the habitual felony offender statute is not greater than a life term under the prison releasee reoffender statute, the trial court was without authority 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.


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Citator

Cited By

  • Roberts v. State, 793 So. 2d 133 (Fla. 4th DCA 2001)
    …See id. at 734, Accordingly, we find that the trial court erred in sentencing Roberts as both an HVO and a PRR, and reverse and remand the sentence imposed with instructions to strike the habitual violent offender designations. See Portela v. State, 786 So. 2d 35 (Fla. 4th DCA 2001). WARNER, FARMER and TAYLOR, JJ., concur.…

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