ROBERT BRADY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We find all issues raised in regard to the underlying conviction unpersuasive and affirm Brady’s conviction of second degree murder. However, the State concedes the trial court erred in dually sentencing Brady under both section 775.082(9)(a), Florida Statutes (2001), the Prison Release Reoffender Punishment Act (“PRRPA”) and section 775.087(2)(a), the “10-20-Life” statute, where the PRRPA sentence was for Life, but the 10-20-Life sentence was only for 25 to Life. See Smith v. State, 813 So. 2d 1002, 1003 (Fla. 4th DCA 2002)(only where separate sentence under “10-20-Life” statute is greater than PRRPA sentence may it be imposed); Grant v. State, 770 So. 2d 655, 659 (Fla.2000). Accordingly, we reverse and remand to vacate Brady’s sentence under section 775.087(2)(a). AFFIRMED in part; REVERSED in part.
POLEN, C.J., KLEIN and HAZOURI, JJ., concur.
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McDONALD v. State, 957 So. 2d 605 (Fla. 2007)…fender” under section 775.082(9), Florida Statutes (2000). .Sitting en banc, the Fourth District expressly receded from the following cases in McDonald, 912 So. 2d at 76-77: Smith v. State, 813 So. 2d 1002, 1003 (Fla. 4th DCA 2002); Brady v. State, 839 So. 2d 836, 837 (Fla. 4th DCA 2003); Scott v. State, 842 So. 2d 1054 (Fla. 4th DCA 2003); Hill v. State, 862 So. 2d 815, 815 (Fla. 4th DCA 2003); Hill v. State, 869 So. 2d 10, 11 (Fla. 4th DCA), review denied, 871 So. 2d 874 (Fla.2004); and Malcolm v. State, 8…
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Hill v. State, 862 So. 2d 815 (Fla. 4th DCA 2003)…han that under the PRRPA. Id. Here, the ten-year mandatory minimum was not greater than the life sentence imposed under the PRRPA. Therefore, Hill’s sentence was illegal. See Scott v. State, 842 So. 2d 1054, 1055 (Fla. 4th DCA 2003); Brady v. State, 839 So. 2d 836, 837 (Fla. 4th DCA 2003); Smith, 813 So. 2d at 1003. Accordingly, we reverse Hill’s ten-year mandatory minimum sentence and remand this case with instructions to resentence Hill to a life sentence without parole under the PRRPA. REVERSED AND REM…
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McDONALD v. State, 912 So. 2d 74 (Fla. 4th DCA 2005)…e today’s decision, this court had extended the holding of Grant to the situation presented here, concurrent lesser or equal mandatory minimum terms under the 10-20-LIFE law. Smith v. State, 813 So. 2d 1002, 1003 (Fla. 4th DCA 2002); Brady v. State, 839 So. 2d 836, 837 (Fla. 4th DCA 2003); Scott v. State, 842 So. 2d 1054 (Fla. 4th DCA 2003); Hill v. State, 862 So. 2d 815, 815 (Fla. 4th DCA 2003); Hill v. State, 869 So. 2d 10, 11 (Fla. 4th DCA), [*77] rev. denied, 871 So. 2d 874 (Fla.2004); Malcolm v. State, 8…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- Smith v. State, 813 So. 2d 1002 (Fla. 4th DCA 2002)