Harris v. State
Harris v. State
Opinion of the Court
ON REMAND
The Defendant was convicted and sentenced for armed robbery. He argued that the trial court’s imposition of a sen
The Florida Supreme Court quashed our decision as it relates to the Defendant’s sentencing under the Prison Releasee Reoffender Act, and remanded the case directing us to reconsider the issue raised on appeal in light of Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000); McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000). See State v. Harris, 788 So.2d 955 (Fla. 2001).
Upon reconsideration, we now hold that the Defendant’s sentence under both the Prison Releasee Reoffender Act and the Habitual Violent Felony Offender Act was not a double jeopardy violation. However, the trial court erred in sentencing the Defendant to two concurrent, equal sentences as a habitual felony offender and a prison releasee reoffender. See Grant, 770 So.2d at 659 (trial court erred in imposing two concurrent, equal sentences because it is not authorized by the Prison Releasee Reoffender Act). Therefore, we remand this case to the trial court with directions to vacate the habitual felony offender sentence.
REMANDED WITH DIRECTIONS.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.