Opinion
No. 4D98-3553
Opinion filed February 2, 2000 JANUARY TERM 2000
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. No. 98-905 CF 10A.
Richard L. Jorandby, Public Defender, and David McPherrin, 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.
We affirm appellant's conviction for aggravated battery. We reverse appellant's sentence under both the Prison Releasee Reoffender Act (PRRA) and the Habitual Felony Offender Act (HFOA). The trial court sentenced appellant to thirty years with a ten-year mandatory minimum sentence as a habitual violent felony offender and to a fifteen-year mandatory minimum sentence under the PRRA. For the reasons discussed in Adams v. State, No. 98-3338, 1999 WL 966743, at *2 (Fla. 4th DCA Oct. 20, 1999), the sentences imposed constituted multiple punishment for the same offense and violated double jeopardy. We remand for the trial court to vacate appellant's sentence and resentence him pursuant to either the PRRA or the HFOA. See §§ 775.084, 775.082, Fla. Stat. (1999).
AFFIRMED in part, REVERSED in part, REMANDED.
DELL, STONE and TAYLOR, JJ., concur.