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McFadden v. State

District Court of Appeal of Florida, Fourth District
Feb 2, 2000
775 So. 2d 965 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D98-3553

Opinion filed February 2, 2000 JANUARY TERM 2000

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. No. 98-905 CF 10A.

Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


We affirm appellant's conviction for aggravated battery. We reverse appellant's sentence under both the Prison Releasee Reoffender Act (PRRA) and the Habitual Felony Offender Act (HFOA). The trial court sentenced appellant to thirty years with a ten-year mandatory minimum sentence as a habitual violent felony offender and to a fifteen-year mandatory minimum sentence under the PRRA. For the reasons discussed in Adams v. State, No. 98-3338, 1999 WL 966743, at *2 (Fla. 4th DCA Oct. 20, 1999), the sentences imposed constituted multiple punishment for the same offense and violated double jeopardy. We remand for the trial court to vacate appellant's sentence and resentence him pursuant to either the PRRA or the HFOA. See §§ 775.084, 775.082, Fla. Stat. (1999).

AFFIRMED in part, REVERSED in part, REMANDED.

DELL, STONE and TAYLOR, JJ., concur.


Summaries of

McFadden v. State

District Court of Appeal of Florida, Fourth District
Feb 2, 2000
775 So. 2d 965 (Fla. Dist. Ct. App. 2000)
Case details for

McFadden v. State

Case Details

Full title:VERNON MCFADDEN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 2, 2000

Citations

775 So. 2d 965 (Fla. Dist. Ct. App. 2000)

Citing Cases

Ward v. State

The fourth district agrees. See McFadden v. State, 2000 WL 121793 (Fla. 4th DCA Feb. 2, 2000); Adams v.…