Public-domain · open source
OpenJurist

917 So. 2d 376

Docket Nos. 1D04-5213, 1D04-5215.

Lee v. State

Tori Q. LEE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 30, 2005.

District Court of Appeal of Florida · decided 2005-12-30

Cited by 1 later decisions — most recently August 2007

1 state decisions

Relies on Grant v. State · Walls v. State · Williams v. Florida Unemployment Appeals Commission

Good law ✅— No negative treatment on recordhow we know

Decided 2005-12-30

View the full empirical analysis of this case →

¶1Nancy A. Daniels, Public Defender; A. Victoria Wiggins, Assistant Public Defender, Tallahassee, for Appellant.

¶2Charlie Crist, Attorney General; Trisha Meggs Pate, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4These consolidated appeals involve appellant's criminal conviction for aggravated battery on a pregnant woman, No. 04-5213, and the revocation of appellant's probation because of this crime, No. 04-5215. We affirm the revocation of probation without discussion. However, appellant's challenge to the legality of his sentence has merit and we reverse as to that claim.

¶5Appellant was convicted of aggravated battery on a pregnant woman and sentenced to 15 years as a prison releasee reoffender and as a habitual felony offender. As the State concedes, sentencing appellant to concurrent 15-year sentences as both a habitual felony offender and prison releasee reoffender, when only one criminal act has occurred, violates the Prison Releasee Reoffender Act. See Grant v. State, 770 So.2d 655, 659 (Fla.2000); Lewis v. State, 819 So.2d 1009, 1010 (Fla. 1st DCA 2002).

¶6Accordingly, we reverse and remand with directions to strike the portion of appellant's sentence reflecting that he was adjudicated and sentenced as a habitual felony offender. Id.; Walls v. State, 765 So.2d 733, 734 (Fla. 1st DCA 2000). Appellant's 15-year sentence issued pursuant to the Prison Releasee Reoffender Act remains in effect and unchanged by this decision.

¶7AFFIRMED in part; REVERSED in part and REMANDED with directions.

¶8WEBSTER, BROWNING and POLSTON, JJ., concur.

/917/so2d/376 · .json · Public domain