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770 So. 2d 722

Robinson v. State

District Court of Appeal of Florida

Decided October 27, 2000

District Court of Appeal of Florida · decided 2000-10-27

Cited by 1 later decisions — most recently November 2001

1 state decisions

Relies on 753 So. 2d 776 - Brooks v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-10-27

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HARRIS, J.

¶1Robinson was convicted of various crimes including attempted second degree murder. He appeals contending there is logically no such crime. Since a majority of the supreme court has just decided that there is, Brown v. State, — So.2d -, 2000 WL 1472598 (Fla. Oct.5, 2000), we affirm his sentence.

¶2Robinson also urges that it was double jeopardy to sentence him as both a habitual felony offender and as a prison release reoffender for the same crime. The State concedes that this court has previously ruled in favor of the defense on this issue. See Brooks v. State, 753 So.2d 776 (Fla. 5th DCA 2000). Both the First and Second Districts have adopted the opposite *723view. Wright v. State, 25 Fla. L. Weekly D 992, - So.2d -, 2000 WL 424053 (Fla. 1st DCA April 20, 2000), certified conflict.

¶3Although we reverse for resentencing, we withhold the mandate and join in the Wrightcertification.

¶4AFFIRMED in part; REVERSED in part. RESENTENCING REQUIRED but mandate withheld for certification.

THOMPSON, C.J., and GRIFFIN, J„ concur.
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