Alfonso v. State

Full title: RALPH ALFONSO, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 26, 2000

No. 3D99-618 (Fla. Dist. Ct. App. Apr. 26, 2000)

Opinion

No. 3D99-618.

Opinion filed April 26, 2000.

An Appeal from the Circuit Court for Miami-Dade County, Alex Ferrer, Judge, L.T. No. 97-19289.

Bennett H. Brummer, Public Defender, and Dea Abramschmitt, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and GODERICH, JJ.

PER CURIAM.

We affirm the conviction and sentence in all respects but certify conflict with Adams v. State, 750 So.2d 659 (Fla.4th DCA 1999) on the issue of whether the double jeopardy clause precludes sentencing of a defendant as both a prison releasee reoffender and a habitual felony offender.

Affirmed; Conflict Certified.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.