Opinion
No. 4D99-3437.
Opinion filed August 30, 2000. JULY TERM 2000
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter M. Weinstein, Judge; L.T. No. 98-9884 CF10A.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, sentenced appellant to eight years imprisonment on the resisting arrest and battery convictions, and sentenced appellant as both a habitual felony offender and a prison releasee reoffender on those counts. See §§ 775.084(4), 775.082, Fla. Stat. (1997).
We affirm appellant's conviction and reverse the sentence as both a habitual felony offender and a prison releasee reoffender. See Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999). As we did in Valentino v. State, 765 So.2d 133 (Fla. 4th DCA 2000), West v. State, 758 So.2d 1230 (Fla. 4th DCA 2000), and Brooks v. State, 764 So.2d 648 (Fla. 4th DCA 2000), we certify conflict with our sister courts in Alfonso v. State, 761 So.2d 231 (Fla. 3d DCA 2000), rev. dismissed by, No. SC00-1249 ___ So.2d ___ (Fla. Jun. 21, 2000); Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000); and Grant v. State, 745 So.2d 519 (Fla. 2d DCA 1999), rev. granted, No. SC99-164 (Fla. Apr. 12, 2000), on the issue of whether the double jeopardy clause precludes sentencing a defendant as both a prison releasee reoffender and a habitual felony offender.
On remand, we direct that the court enter the prison releasee reoffender sentence, as this was the more severe sentence. See Saulsberry v. State, No. 4D99-1680 ___ So.2d ___ , 2000 WL 1140489 (Fla. 4th DCA Aug. 9, 2000) (on rehearing). Appellant is not required to be present for resentencing since this is merely a ministerial act. See id.
Affirmed in part; reversed in part. Remanded for resentencing.
WARNER, C.J., STONE and STEVENSON, JJ., concur.