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Alfonso v. State, 3D99-618.

Document Cited authorities 3 Cited in 18 Precedent Map Related
Decision Date05 July 2000
Docket NumberNo. 3D99-618.,3D99-618.
Citation761 So.2d 1231
PartiesRalph ALFONSO, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

761 So.2d 1231

Ralph ALFONSO, Appellant, v. The STATE of Florida, Appellee.

No. 3D99-618.

District Court of Appeal of Florida, Third District.

July 5, 2000.

Bennett H. Brummer, Public Defender, and Dea Abramschmitt, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and GODERICH, JJ.

CORRECTED OPINION

PER CURIAM.

We affirm the conviction and sentence in all respects. We certify conflict with Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999) on the issue of whether the double jeopardy clause precludes sentencing of a defendant as both a prison releasee reoffender and a habitual felony offender. We also certify conflict with Oliveira v. State, 751 So.2d 611 (Fla. 4th DCA 1999) on the issue of whether the double jeopardy clause precludes sentencing of a defendant as either a prison releasee reoffender or an habitual violent felony offender, after the defendant's sentence had already been enhanced pursuant to Section 784.07, Florida Statutes (1997).

Affirmed; conflict certified.

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4 cases
  • Grant v. State
    • United States
    • Florida Supreme Court
    • November 2, 2000
    ...as a mandatory minimum sentence. It does not create two separate sentences for one crime. Smith, 754 So.2d at 101; see also Alfonso, 761 So.2d at 1231 (affirming the defendant's conviction and sentence in all respects, and certifying conflict with Adams "on the issue of whether the double j......
  • Brandon v. State, 3D99-868.
    • United States
    • Florida District Court of Appeals
    • September 20, 2000
    ...of double jeopardy. We have previously held that such a sentence is not violative of the double jeopardy clause, see Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000), and accordingly affirm the sentence here. We certify conflict with Lewis v. State, 751 So.2d 106 (Fla. 5th DCA 1999) and ......
  • Monroe v. State, 4D99-3437.
    • United States
    • Florida District Court of Appeals
    • August 30, 2000
    ...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), rev. dismissed by, No. SC00-1249, 767 So.2d 453 (Fla. Jun.21, 2000); Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000); a......
  • Harris v. State, 4D99-2102.
    • United States
    • Florida District Court of Appeals
    • August 2, 2000
    ...(Fla. 2d DCA 1999), review granted, 761 So.2d 329 (Fla.2000); Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000); and Alfonso v. State, 761 So.2d 1231 (Fla. 3d DCA 2000). We affirm as to all other issues raised, including the challenge to the constitutionality of the Prison Releasee Reoffend......

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