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765 So. 2d 954

Wright v. State

District Court of Appeal of Florida

Decided September 6, 2000

District Court of Appeal of Florida · decided 2000-09-06

Cited by 2 later decisions — most recently September 2002

2 state decisions

Relies on Walls v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-09-06

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PER CURIAM.

¶1Following his conviction for robbery with a firearm, the appellant was sentenced to life imprisonment as a prison releasee reoffender and as a habitual felony offender. We reject the appellant’s constitutional challenges to the Prison Re-leasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997). See State v. Cotton, 25 Fla. L. Weekly S463, — So.2d -, 2000 WL 766521 (Fla. June 15, 2000). But we agree with his further argument that, in light of our decision in Walls v. State, 765 So.2d 733 (Fla. 1st DCA 2000), it was improper to impose appellant’s life sentence under both the *955habitual felony offender statute and the prison releasee reoffender statute. Accordingly, we strike the habitual felony offender designation.

¶2AFFIRMED in part and REVERSED in part.

ALLEN, LAWRENCE and BENTON, JJ„ CONCUR.
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