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State v. Bohler

Supreme Court of Florida
Jul 12, 2001
791 So. 2d 1084 (Fla. 2001)

Opinion

No. SC00-1075

Opinion filed July 12, 2001.

Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict Fourth District — Case No. 4D99-2071 (Broward County)

Robert A. Butterworth, Attorney General, Celia Terenzio, Bureay Chief, West Palm Beach, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, Florida, for Petitioner Carey Haughwout, Public Defender, and Anthony Calvello, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Respondent


We have for review State v. Bohler, 758 So.2d 719 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

We quash that part of the district court's decision which holds that the sentencing of the petitioner as both a habitual felony offender and a prison releasee reoffender constitutes double jeopardy, and remand for reconsideration upon application of our decisions in Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000);McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000). We approve that part of the district court's decision which holds that the Prison Releasee Reoffender Act (the "Act") applies to the petitioner despite the fact that the petitioner was released from prison prior to its effective date, because the petitioner committed the crimes within three years of her release from prison and after the effective date of the Act. See Grant, 770 So.2d at 661.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur.

QUINCE, J., dissents.


Summaries of

State v. Bohler

Supreme Court of Florida
Jul 12, 2001
791 So. 2d 1084 (Fla. 2001)
Case details for

State v. Bohler

Case Details

Full title:STATE OF FLORIDA, Petitioner, v. DEBRA BOHLER, Respondent

Court:Supreme Court of Florida

Date published: Jul 12, 2001

Citations

791 So. 2d 1084 (Fla. 2001)

Citing Cases

Bohler v. State

PER CURIAM. Pursuant to the Florida Supreme Court's mandate in State v. Bohler, 791 So.2d 1084 (Fla. 2001),…