Lundy v. State

Full title: MARK A. LUNDY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Aug 11, 2000

No. 2D99-1862 (Fla. Dist. Ct. App. Aug. 11, 2000)

Opinion

No. 2D99-1862.

Opinion filed August 11, 2000.

Appeal from the Circuit Court for Polk County; Susan W. Roberts, Judge.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Mark A. Lundy appeals the sentences imposed pursuant to his plea agreement for which he reserved the right to challenge the constitutionality of the Prison Releasee Reoffender Act. Because the issues he raises are controlled by Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999), review granted, No. SC99-164 (Fla. Apr. 12, 2000), and Cotton v. State, 25 Fla. L. Weekly S463 (Fla. June 15, 2000), we affirm. Regarding Lundy's argument that the Act offends prohibitions against double jeopardy, we acknowledge that our sister courts have found the Act to suffer such a flaw. See Dragani v. State, 25 Fla. L. Weekly D1341 (Fla. 5th DCA June 1, 2000); West v. State, 25 Fla. L. Weekly D1253 (Fla. 4th DCA May 24, 2000). In so doing, however, we note that Lundy was not sentenced both as a habitual offender and under the Act as were the defendants in Grant, West, and Dragani.

Affirmed.

CAMPBELL, A.C.J., and BLUE, J., Concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.