Opinion
No. 4D99-2133.
Opinion filed August 16, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 98-025916 CF10A.
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Marrett W. Hanna, Assistant Attorney General, West Palm Beach, for appellee.
The Defendant appeals his conviction and sentence for strong arm robbery. We affirm his conviction in all respects, but reverse and remand for re-sentencing. The trial court orally imposed a fifteen year sentence as a prison releasee reoffender and alternatively imposed a fifteen year sentence as a habitual violent felony offender in the event the Prison Releasee Reoffender Act was declared unconstitutional. The written sentence indicates the Defendant was sentenced as both a prison releasee reoffender and a habitual violent felony offender. We reverse and remand for the imposition of a single sentence rather than dual or alternative sentences. See Mendez v. State, 25 Fla. L. Weekly D1325 (Fla. 4th DCA May 31, 2000); see also Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999); Glave v. State, 745 So.2d 1065 (Fla. 4th DCA 1999); Lewis v. State, 751 So.2d 106 (Fla 5th DCA 1999). In addition, the Defendant's constitutional challenge to the Prison Releasee Reoffender Act is without merit.See State v. Cotton, 25 Fla. L. Weekly S463 (Fla. June 15, 2000).
AFFIRMED in part, REVERSED in part, and REMANDED.
DELL, GUNTHER and STEVENSON, JJ., concur