Opinion
No. 1D98-1141.
Opinion filed April 20, 2000.
An appeal from Circuit Court for Duval County, Brad Stetson, Judge.
Nancy Daniels, Public Defender, and Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.
The appellant was sentenced as a prison releasee reoffender, and he has raised several arguments that the Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997), is unconstitutional. We have previously addressed each of these challenges and found them to be without merit. See Chambers v. State, 25 Fla. L. Weekly D387 (Fla. 1st DCA Feb. 11, 2000). We therefore again reject the challenges in the present case. However, we certify the same question previously certified inWoods v. State, 740 So.2d 20 (Fla. 1st DCA), review granted, 740 So.2d 529 (Fla. 1999).
We also reject the appellant's claim that it was improper to sentence him under both the habitual felony offender statute and the prison releasee reoffender statute for a single offense. See Smith v. State, No. 1D98-656 (Fla. 1st DCA March 13, 2000). We acknowledge that our holding on this point conflicts with the decisions in Lewis v. State, 25 Fla. L. Weekly D144 (Fla. 5th DCA Dec. 30, 1999), and Adams v. State, 24 Fla. L. Weekly D2394 (Fla. 4th DCA Oct. 20, 1999).
AFFIRMED.
ALLEN, LAWRENCE and BENTON, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.