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Bryant v. State

District Court of Appeal of Florida, Fourth District
Oct 4, 2000
769 So. 2d 449 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 4D99-2350

Opinion filed October 4, 2000 July Term 2000

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge; L.T. Case No. 98-11995 CFB02U.

Maria Sach and Hadas Kohn Stagman of Sachs, Sax Klein, P.A., Boca Raton, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for appellee.


Larry Bryant was convicted of robbery and sentenced to forty years in prison with a mandatory minimum of thirty years. Although he raises numerous issues on appeal, we affirm them without discussion, except for a double jeopardy challenge to his sentence.

The trial court sentenced appellant as a habitual violent felony offender, violent career criminal, and prison releasee reoffender. We conclude that appellant's constitutional challenges to the Prison Releasee Reoffender Act are without merit. See State v. Cotton, 25 Fla. L. Weekly S463 (Fla. June 15, 2000). However, appellant's sentence must be reversed because its imposition under the various sentencing provisions violates double jeopardy. McCray v. State, 25 Fla. L. Weekly D1630 (Fla.4th DCA July 5, 2000); Mendez v State, 761 So.2d 438 (Fla. 4th DCA 2000); Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999); Lewis v. State, 751 So.2d 106 (Fla. 5th DCA 1999).

We recognize that the decisions of our sister courts conflict with Adams, and we therefore certify conflict with those cases. See Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000); Newsome v. State, 25 Fla. L. Weekly D619 (Fla. 2d DCA Mar. 8 2000); McDaniel v. State, 751 So.2d 182 (Fla. 2d DCA 2000); Grant v. State, 754 So.2d 519 (Fla. 2d DCA 1999), rev. granted, 761 So.2d 329 (Fla. 2000); Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000).

AFFIRMED in part, REVERSED, in part, and REMANDED.

WARNER, C.J., TAYLOR and HAZOURI, JJ., concur.


Summaries of

Bryant v. State

District Court of Appeal of Florida, Fourth District
Oct 4, 2000
769 So. 2d 449 (Fla. Dist. Ct. App. 2000)
Case details for

Bryant v. State

Case Details

Full title:LARRY BRYANT, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 4, 2000

Citations

769 So. 2d 449 (Fla. Dist. Ct. App. 2000)