Public-domain · open source
OpenJurist

769 So. 2d 1072

Willis v. State

District Court of Appeal of Florida

Decided September 13, 2000

District Court of Appeal of Florida · decided 2000-09-13

Cited by 1 later decisions — most recently October 2000

1 state decisions

Relies on 761 So. 2d 324 - Thompson v. State · 745 So. 2d 519 - Grant v. State · Pollock v. Couffer

Good law ✅— No negative treatment on recordhow we know

Decided 2000-09-13

View the full empirical analysis of this case →

PER CURIAM.

¶1Appellant, Kenney Willis, was tried by jury and convicted of burglary of a dwelling with assault, two counts of sexual battery, and one count of robbery. Willis was sentenced to life imprisonment as both a prison releasee reoffender and a habitual offender as to count 1 (burglary with assault), and to concurrent 30-year sentences as a habitual felon and as a prison releasee reoffender as to counts 2 and 3 (sexual battery without great force for the burglary) and count 6 (robbery). We affirm the convictions but reverse and remand for resentencing.

¶2We reverse and remand for the imposition of a single sentence rather than dual or alternative sentences as both a prison releasee reoffender and a habitual felony offender. See Mendez v. State, 761 So.2d 438 (Fla. 4th DCA 2000); see also Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999); Glave v. State, 745 So.2d 1065 (Fla. 4th DCA 1999).

¶3As 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 1231 (Fla. 3d DCA 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, 761 So.2d 329 (Fla.2000), on the issue of whether the double jeopardy clause precludes sentencing a defendant as both a prison releasee reoffen-der and a habitual felony offender.

¶4AFFIRMED in part, REVERSED in part and REMANDED.

DELL, GUNTHER and STEVENSON, JJ., concur.
/769/so2d/1072 · .json · Public domain