Opinion
No. 2D99-712.
Opinion filed January 21, 2000.
Appeal from the Circuit Court for Pinellas County; Richard A. Luce, Judge.
James Marion Moorman, Public Defender, and Joanna B. Conner, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellee.
Demetrius Jones appeals his sentence for felony battery arguing section 775.082(8), Florida Statutes (1997), the Prisoner Releasee Reoffender Act, is unconstitutional and the sentences imposed for that offense under both the Habitual Offender Statute and section 775.082(8) violate the prohibition against double jeopardy.
In Grant v. State, 24 Fla. L. Weekly D2627 (Fla.2d DCA Nov. 25, 1999), this court recently considered and rejected the identical challenges to section 775.082(8). Accordingly, we affirm.
We note, however, that the Fourth District has held that a sentence imposed for the same offense under both the Prisoner Releasee Reoffender Act and the Habitual Offender Statute violates the principle of double jeopardy. See Adams v. State, 24 Fla. L. Weekly D2394 (Fla. 4th DCA Oct. 20, 1999); Glave v. State, 24 Fla. L. Weekly D2546 (Fla. 4th DCA Nov. 10, 1999); Melton v. State, 746 So.2d 1188, 1999 WL 966743 (Fla. 4th DCA Dec. 8, 1999). Therefore, to the extent that our holding on the double jeopardy issue conflicts with the Fourth District's decision in these cases, we certify conflict.
Affirmed.
BLUE, A.C.J., and SALCINES, J., Concur.