Opinion
Case No. 1D98-1141
September 6, 2000.
An appeal from Circuit Court for Duval County. Brad Stetson, Judge.
Nancy Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.
Following his conviction for robbery with a firearm, the appellant was sentenced to life imprisonment as a prison releasee reoffender and as a habitual felony offender. We reject the appellant's constitutional challenges to the Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997). See State v. Cotton, 25 Fla. L. Weekly S463 ___ So.2d ___, 2000 WL 766521 (Fla. June 15, 2000). But we agree with his further argument that, in light of our decision in Walls v. State, 25 Fla. L. Weekly D1221 (Fla. 1st DCA May 17, 2000), it was improper to impose appellant's life sentence under both the habitual felony offender statute and the prison releasee reoffender statute. Accordingly, we strike the habitual felony offender designation.
AFFIRMED in part and REVERSED in part.
ALLEN, LAWRENCE and BENTON, JJ., CONCUR.