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Lewis v. State

Supreme Court of Florida
Jul 5, 2001
789 So. 2d 974 (Fla. 2001)

Summary

affirming a trial court's vacation of a shorter HFO portion of a sentence when it was combined with a longer PRR sentence

Summary of this case from Sheffield v. State

Opinion

No. SC00-686

Opinion filed July 5, 2001.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict Fifth District — Case No. 5D99-197 (Brevard County).

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Petitioner.

Robert A. Butterworth, Attorney General, and Kellie A. Nielan and Angela D. McCravy, Assistant Attorneys General, Daytona Beach, Florida, for Respondent.


We have for review Lewis v. State, 751 So.2d 106 (Fla. 5th DCA 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.

Lewis challenges his sentences under the Prison Releasee Reoffender Act ("the Act") and the habitual violent felony offender statute. The district court interpreted subsection (8)(c) of the Act to mean that it "does not provide for dual sentences." 751 So.2d at 107. This unqualified statement is contrary to our determination in Grant v. State, 770 So.2d 655, 657-59 (Fla. 2000), in which we determined that the imposition of sentences under both the Act and the habitual felony offender statute did not violate principles of double jeopardy. However, we did determine that the imposition of equal, concurrent sentences violated the language of the Act itself. Lewis was sentenced here to fifteen years as a prison releasee reoffender and to ten years as a habitual violent felony offender along with ten years of probation. The district court stated in its decision that "[b]ecause the [prison releasee reoffender] sentence is the longer of the two incarceration alternatives, it is the one that must be imposed." Lewis, 751 So.2d at 107 (footnote omitted). To the extent that this statement implies that dual sentences under the Act and another recidivist statute are never allowed, and to the extent that it implies that a sentence under the Act must always be the longest in duration of any sentence imposed, Grant is controlling. As we stated in Grant, "section 775.082(8)(c) only authorizes [a sentencing] court to deviate from the [Act's] sentencing scheme to impose a greater sentence of incarceration." Grant, 770 So.2d at 659 (emphasis added). Therefore, the district court was correct in vacating the lesser sentence and we approve the result.

Section 775.082(8)(c), Florida Statutes. (1997), reads:

Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.

Section 775.084(1)(b), Florida Statutes (1997), contains the language regarding habitual violent felony offenders.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, and QUINCE, JJ., concur.


Summaries of

Lewis v. State

Supreme Court of Florida
Jul 5, 2001
789 So. 2d 974 (Fla. 2001)

affirming a trial court's vacation of a shorter HFO portion of a sentence when it was combined with a longer PRR sentence

Summary of this case from Sheffield v. State
Case details for

Lewis v. State

Case Details

Full title:VASHON OLAND LEWIS, Petitioner, v. STATE OF FLORIDA, Respondent

Court:Supreme Court of Florida

Date published: Jul 5, 2001

Citations

789 So. 2d 974 (Fla. 2001)

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The Supreme Court reviewed the Fifth District's decision in Lewis I based on conflict with the Supreme…