Summary
applying Hale to consecutive sentences imposed under the PRR Act
Summary of this case from Torbert v. StateOpinion
No. 4D98-4287.
Opinion filed June 21, 2000.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Harold Cohen, Judge; L.T. No. 97-12536 CF B02 T.
Robert S. Gershman of Gershman Goldstein, P.A., West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
We affirm Philmore's conviction on charges of attempted first-degree murder, robbery with a firearm, and burglary of an occupied structure while armed with a firearm. He was sentenced to consecutive life sentences for these crimes.
We reject Philmore's challenges to the constitutionality of the prison releasee reoffender act but, as in Simmons v. State, No. 98-2792, 24 Fla. L. Weekly D1830 (Fla. 4th DCA Aug. 4, 1999), certify the following question as one of great public importance:
DOES THE PRISON RELEASEE REOFFENDER PUNISHMENT ACT,CODIFIED AS SECTION 775.082(9), FLORIDA STATUTES (1999), VIOLATE THE SEPARATION OF POWERS CLAUSE OF THE FLORIDA CONSTITUTION?
We agree, however, with Philmore's contention that his consecutive sentences run afoul of Hale v. State, 630 So.2d 521 (Fla. 1993), which prohibits imposition of consecutive enhancement sentences for offenses arising out of the same criminal episode. We, therefore, reverse and remand Philmore's sentences for modification to concurrent life sentences on all counts, consistent with this opinion.
STONE, POLEN, and GROSS, JJ., concur.