Opinion
Case No. 4D99-1034
Opinion filed July 5, 2000 JANUARY TERM 2000
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Fred J. Berman, Judge; L.T. Case No. 98-10096 CF 10 A.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
The trial court sentenced appellant as a habitual felony offender, violent career criminal, and prison releasee reoffender. We remand for re-sentencing and instruct the trial court to sentence appellant under only one sentencing provision. Mendez v. State, No. 4D99-0982, 2000 WL 690167 (Fla. 4th DCA May 31, 2000); Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999).
We recognize that this decision conflicts with those of other districts, and, thus, certify conflict with Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999) rev. granted, (Table No. SC99-164) (Fla. Apr. 12, 2000); Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000), and Alfonso v. State, No.3D99-618, 2000 WL 485049 (Fla. 3d DCA Apr. 26, 2000).
REVERSED and REMANDED.
FARMER, GROSS and TAYLOR, JJ., concur.