JOSHUA MARTIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JOSHUA MARTIN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
813 So. 2d 1036
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Concerning the appellant’s argument that the trial court was in error when it imposed equal concurrent sentences of imprisonment under both the Habitual Felony Offender Statute and the Prison Release Reoffender Act, the State correctly concedes that the trial court erred in entering the sentence that it imposed. See Grant v. State, 770 So. 2d 655 (Fla.2000). Accordingly, the sentence is vacated and this case is remanded to the trial court for the specific purpose of resentencing the appellant. Finding no merit in the appellant’s other point on appeal, we affirm the judgment below in all other respects.
Affirmed in part, reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Eli Enrique Valdes v. State, 970 So. 2d 414 (Fla. 3d DCA 2007)…ences under both the [Prison Releasee Reoffender] Act and the habitual violent felony offender statute does not violate principles of double jeopardy, but the imposition of equal concurrent sentences here violates the Act itself.”); Martin v. State, 813 So. 2d 1036, 1036 (Fla. 3d DCA 2002) (holding that the imposition of “equal concurrent sentences of imprisonment under both the Habitual Felony Offender Statute and the Prison Releasefe] Reoffender Act” was error) (citing Grant v. State, 770 So. 2d 655 (Fla.200…
-
Frazier v. State, 877 So. 2d 838 (Fla. 3d DCA 2004)…t erred in imposing two concurrent, equal sentences in this case, not because such sentencing violated double jeopardy, but because it is not authorized by the Act. Id. at 659; Bloodworth v. State, 790 So. 2d 1032, 1033 (Fla.2001); Martin v. State, 813 So. 2d 1036 (Fla. 3d DCA 2002); Watts v. State, 789 So. 2d 547 (Fla. 3d DCA 2001). Thus, pursuant to Grant, the appellant was properly sentenced for robbery with a firearm, a first degree felony. Under the PRR Act, a first degree felony is punishable by thirty…1 / 2
-
Smith v. State, 934 So. 2d 543 (Fla. 3d DCA 2006)…n-year minimum mandatory as to the second degree felony. As the record clearly reflects, the punishments imposed are not equal under the sentencing schemes relied upon. Affirmed. . See Grant v. State, 770 So. 2d 655 (Fla.2000); Martin v. State, 813 So. 2d 1036 (Fla. 3d DCA [*544] 2002) (wherein the State conceded that the imposition of equal concurrent sentences as habitual offender and as a prison releasee reoffender was error); Watts v. State, 789 So. 2d 547 (Fla. 3d DCA 2001).…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)