Johnson v. State
Johnson v. State
Opinion of the Court
We affirm defendant’s conviction and write only to address his sentence as both a habitual felony offender (HFO) and a prison releasee reoffender (PRR). The conviction is armed robbery; the sentence is life. On the sentencing form, the trial judge checked both the blocks for the HFO statute and the PRR statute.
Under HFO, the trial judge could impose a maximum of life,
In Walls v. State, 2000 WL 627661 (Fla. 1st DCA May 17, 2000), the trial court imposed a sentence of life under both
A number of Florida appellate decisions have been contrary to. our Adams analysis. See Barge v. State, 763 So.2d 1289 (Fla. 1st DCA 2000); Bloodworth v. State, 754 So.2d 894 (Fla. 1st DCA 2000); Chambers v. State, 764 So.2d 658 (Fla. 1st DCA 2000); Nichols v. State, 755 So.2d 782 (Fla. 1st DCA 2000); Palmore v. State, - So.2d -, 2000 WL 627666 (Fla. 1st DCA May 17, 2000); Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000); Taylor v. State, 755 So.2d 195 (Fla. 1st DCA 2000); Wright v. State, - So.2d -, 2000 WL 424053 (Fla. 1st DCA April 20, 2000); Brinson v. State, 751 So.2d 1256 (Fla. 2d DCA 2000); Jones v. State, 751 So.2d 139 (Fla. 2d DCA 2000); Newsome v. State, - So.2d -, 2000 WL 256153 (Fla. 2d DCA March 8, 2000); Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000).
Only the Fifth District agrees with Adams. See Dragani v. State, 759 So.2d 745 (Fla. 5th DCA 2000); Lewis v. State, 751 So.2d 106 (Fla. 5th DCA 1999); Thomas v. State, 745 So.2d 1119 (Fla. 5th DCA 1999). We hereby certify conflict with the First, Second and Third District decisions contrary to Adams.
The PRR sentence is hereby reversed and we remand for the trial court to impose only the HFO sentence.
. See § 775.084(4)(a)l, Fla. Stat. (1999).
. See § 775.082(9)(a)3 b, Fla. Stat. (1999).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.