Opinion
No. 4D99-3541.
Opinion filed June 21, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Royce Agner, Judge; L.T. No. 97-15040 CF10A.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for appellee.
We affirm appellant's convictions for resisting arrest with violence, battery on a law enforcement officer, and disorderly conduct.
We reverse appellant's sentences imposed under the habitual felony offender act and the prison releasee reoffender act and remand for resentencing under only one enhancement statute. See Bohler v. State, No. 4D99-2071, 2000 WL 369019 (Fla. 4th DCA April 12, 2000); Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999).
In so holding, we recognize that our holding conflicts with those of our sister courts in Grant v. State, 745 So.2d 519 (Fla. 2d DCA), rev. granted, No. SC99-164 (Fla. Apr. 12, 2000); Smith v. State, 754 So.2d 100 (Fla. 1st DCA Mar. 13, 2000); Alfonso v. State, No. 3D99-618, 2000 WL 485049 (Fla. 3d DCA Apr. 26, 2000), and certify direct conflict.
Appellant's other arguments, that the prison releasee reoffender act, section 775.082(9), Florida Statutes (1999), is unconstitutional, are without merit. Rollinson v. State, 743 So.2d 585 (Fla. 4th DCA 1999), rev. granted, SC 96713(Fla. Apr. 14, 2000); Woods v. State, 740 So.2d 20 (Fla. 1st DCA), rev. granted, 740 So.2d 529 (Fla. 1999).
Affirmed in part and reversed in part.
POLEN, KLEIN and HAZOURI, JJ., concur.