JIMMIE BARGE, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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LEWIS, J.
We have for review Barge v. State, 763 So. 2d 1239 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Barge challenges his sentences under the Prison Releasee Reoffender Act (“the Act”), the habitual violent felony offender statute, and the habitual felony offender statute. The imposition of equal, concurrent sentences under the Act, the habitual violent felony offender statute, and the habitual felony offender statute does not violate principles of double jeopardy; it does, however, violate the Act itself. See Grant v. State, 770 So. 2d 655, 657-59 (Fla.2000). Therefore, we vacate the decision of the district court and remand for reconsideration upon application of our decisions in Grant; State v. Cotton, 769 So. 2d 345 (Fla.2000); McKnight v. State, 769 So. 2d 1039 (Fla.2000); and Ellis v. State, 762 So. 2d 912 (Fla.2000).
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ducksworth v. State, 834 So. 2d 951 (Fla. 3d DCA 2003)…eviate from the Act’s sentencing scheme to impose a greater sentence of incarceration, the trial court lacks the authority to impose an equal sentence under the habitual felony offender statute. See Grant, 770 So. 2d at 659; see also Barge v. State, 789 So. 2d 972 (Fla.2001); Bloodworth v. State, 790 So. 2d 1032 (Fla.2001). Here, while the life sentence imposed as a Habitual Violent Felony Offender is clearly appropriate under the Act and Grant, we conclude that the trial court erred in imposing both a 30-yea…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- Ellis v. State, 762 So. 2d 912 (Fla. 2000)
- McKNIGHT v. State, 769 So. 2d 1039 (Fla. 2000)
- Barge v. State, 763 So. 2d 1239 (Fla. 1st DCA 2000)
- Lusunariz v. Moore, 763 So. 2d 1239 (Fla. 1st DCA 2000)