Opinion
Case No. 4D99-1697
Opinion filed September 13, 2000 July Term 2000
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 98-15215 CF10A.
Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, Kenney Willis, was tried by jury and convicted of burglary of a dwelling with assault, two counts of sexual battery, and one count of robbery. Willis was sentenced to life imprisonment as both a prison releasee reoffender and a habitual offender as to count 1 (burglary with assault), and to concurrent 30-year sentences as a habitual felon and as a prison releasee reoffender as to counts 2 and 3 (sexual battery without great force for the burglary) and count 6 (robbery). We affirm the convictions but reverse and remand for resentencing.
We reverse and remand for the imposition of asingle sentence rather than dual or alternative sentences as both a prison releasee reoffender and a habitual felony offender. See Mendez v. State, 761 So.2d 438 (Fla. 4th DCA 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).
As we did in Valentino v. State, 25 Fla. L. Weekly D1480 (Fla. 4th DCA June 21, 2000), West v. State, 758 So.2d 1230 (Fla. 4th DCA 2000), and Brooks v. State, 25 Fla. L. Weekly D1078 (Fla. 4th DCA May 3, 2000), we certify conflict with our sister courts in Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000), Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000), and Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999), rev. granted, 761 So.2d 329 (Fla. 2000), on the issue of whether the double jeopardy clause precludes sentencing a defendant as both a prison releasee reoffender and a habitual felony offender.
AFFIRMED in part, REVERSED in part and REMANDED.
DELL, GUNTHER and STEVENSON, JJ., concur.