Summary
affirming Alfonso's conviction and sentence as both a prison releasee reoffender and a habitual felony offender in all respects, but certifying conflict with Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999), on the issue of whether the double jeopardy clause precludes such concurrent sentencing
Summary of this case from Grant v. StateOpinion
Case No. 3D99-618.
Opinion filed July 5, 2000.
An Appeal from the Circuit Court for Miami-Dade County, Alex Ferrer, Judge. Lower Tribunal No. 97-19289
Bennett H. Brummer, Public Defender, and Dea Abramschmitt, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.
Before JORGENSON, GERSTEN, and GODERICH, JJ.
CORRECTED OPINION
We affirm the conviction and sentence in all respects. We certify conflict with Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999) on the issue of whether the double jeopardy clause precludes sentencing of a defendant as both a prison releasee reoffender and a habitual felony offender. We also certify conflict withOliveira v. State, 751 So.2d 611 (Fla. 4th DCA 1999) on the issue of whether the double jeopardy clause precludes sentencing of a defendant as either a prison releasee reoffender or an habitual violent felony offender, after the defendant's sentence had already been enhanced pursuant to Section 784.07, Florida Statutes (1997).
Affirmed; conflict certified.