Summary
In Robinson v. State, 757 So.2d 1267, 1267 (Fla. 4th DCA 2000), the Fourth District affirmed the conviction of a defendant who "stole a car containing a child in a car seat."
Summary of this case from Delgado v. StateOpinion
No. 4D99-1571..
Opinion filed May 24, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 98-20006 CF10A.
Richard L. Jorandby, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.
Appellant, a homeless man, was convicted of carjacking and kidnaping and sentenced to life in prison after he and another man stole a car containing a child in a carseat. Appellant appeals his conviction for kidnaping and the resulting life sentence on the ground that the kidnaping was incident to the underlying carjacking and that his sentence as both a prison releasee reoffender and a violent career criminal violates the protection against double jeopardy. We affirm the conviction for kidnaping, but reverse the sentence and remand to the trial court with directions to vacate the sentence under the violent career criminal act. See Adams v. State, 750 So.2d 659, 662 (Fla. 4th DCA 1999) (holding that "court can only decline to enter a PRR sentence when it imposes a harsher HFO sentence"); see also Glave v. State, 745 So.2d 1065 (Fla. 4th DCA 1999) (on rehearing). We note that this result conflicts with recent decisions from our sister courts, and accordingly certify conflict with Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999), review granted, No. SC99-164 (Fla. Apr. 12, 2000), Smith v. State, 25 Fla. L. Weekly D684 (Fla. 1st DCA Mar. 13, 2000), and Alfonso v. State, No. 3D99-618, 2000 WL 485049 (Fla. 3d DCA Apr. 26, 2000).
See Faison v. State, 426 So.2d 963, 966 (Fla. 1983); Cathcart v. State, 643 So.2d 702 (Fla. 4th DCA 1994).
AFFIRMED in part; REVERSED in part.
KLEIN, STEVENSON and HAZOURI, JJ., concur.