Weire v. State

Full title: RICHARD WEIRE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 15, 2000

No. 4D99-3831 (Fla. Dist. Ct. App. Nov. 15, 2000)

Opinion

No. 4D99-3831.

Opinion filed November 15, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 98-019871 CF10A.

Affirmed in part; Reversed and Remanded.

Richard L. Jorandby, Public Defender, and Joseph Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melanie Ann Dale, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant was convicted of robbery with a deadly weapon and armed kidnaping. He received a sentence of life imprisonment as a prison releasee reoffender, a habitual violent felony offender, and a habitual felony offender. We affirm the convictions, but reverse for resentencing, as we did in Weire v. State, 4D99-3307, 2000 WL 1505095 (Fla. 4th DCA Oct. 11, 2000), upon violation of double jeopardy principles.

Polen, Stevenson and Taylor, JJ., Concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.