Opinion
Case No. 4D02-251
Opinion filed March 5, 2003
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 01-6823 CF10A.
Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.
Charlie Crist, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
We find all issues raised in regard to the underlying conviction unpersuasive and affirm Brady's conviction of second degree murder. However, the State concedes the trial court erred in dually sentencing Brady under both section 775.082(9)(a), Florida Statutes (2001), the Prison Release Reoffender Punishment Act ("PRRPA") and section 775.087(2)(a), the "10-20-Life" statute, where the PRRPA sentence was for Life, but the 10-20-Life sentence was only for 25 to Life. See Smith v. State, 813 So.2d 1002, 1003 (Fla. 4th DCA 2002) (only where separate sentence under "10- 20-Life" statute is greater than PRRPA sentence may it be imposed); Grant v. State, 770 So.2d 655, 659 (Fla. 2000). Accordingly, we reverse and remand to vacate Brady's sentence under section 775.087(2)(a).
AFFIRMED in part; REVERSED in part.
POLEN, C.J., KLEIN and HAZOURI, JJ., concur.