Opinion
Case No. 1D99-2065.
Opinion filed December 12, 2000.
An appeal from Circuit Court for Duval County. William L. Gary, Judge.
Nancy A. Daniels, Public Defender; Carol Ann Turner, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.
Appellant was sentenced to life imprisonment as a prison releasee reoffender and as a habitual felony offender following his conviction for second degree murder with a firearm. We reject appellant's constitutional challenges to his sentence and the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997). See Grant v. State, 25 Fla. L. Weekly S991 (Fla. November 2, 2000); State v. Cotton, 25 Fla. L. Weekly S463 (Fla. June 15, 2000). Because the court was not authorized to sentence appellant to a life sentence under both the habitual felony offender and the prison releasee reoffender statute, however, we strike the habitual offender designation. See Walls v. State, 765 So.2d 733 (Fla. 1st DCA 2000); Wright v. State, 765 So.2d 954 (Fla. 1st DCA 2000).
AFFIRMED.
BOOTH, MINER and KAHN, JJ., CONCUR.