Bloodworth v. State

Decision Date05 July 2001
Docket NumberNo. SC00-1048.,SC00-1048.
Citation790 So.2d 1032
PartiesJoey BLOODWORTH, Petitioner, v. STATE of Florida, Respondent.
CourtFlorida Supreme Court

Nancy A. Daniels, Public Defender, and Glenna Joyce Reeves, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner.

Robert A. Butterworth, Attorney General, and Charmaine Millsaps, Assistant Attorney General, Tallahassee, FL, for Respondent.

LEWIS, J.

We have for review Bloodworth v. State, 754 So.2d 894 (Fla. 1st DCA 2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.

Bloodworth challenges his sentences under the Prison Releasee Reoffender Act ("the Act") and the habitual violent felony offender statute. The imposition of sentences under both the Act and the habitual violent felony offender statute does not violate principles of double jeopardy, but the imposition of equal concurrent sentences here violates the Act itself. See Grant v. State, 770 So.2d 655, 657-59 (Fla. 2000). Therefore, we quash, in part, the decision of the district court as to Bloodworth's sentences for counts one and three, and remand for reconsideration upon application of our decisions in Grant; 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). We approve the decision of the district court as to count two.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, and QUINCE, JJ., concur.

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3 cases
  • Valdes v. State
    • United States
    • Florida District Court of Appeals
    • November 14, 2007
    ...thirty-year sentences as both an habitual violent felony offender and as a prison releasee reoffender, was error. See Bloodworth v. State, 790 So.2d 1032, 1033 (Fla.2001) ("The imposition of sentences under both the [Prison Releasee Reoffender] Act and the habitual violent felony offender s......
  • Frazier v. State, 3D03-1522.
    • United States
    • Florida District Court of Appeals
    • July 7, 2004
    ...case, not because such sentencing violated double jeopardy, but because it is not authorized by the Act. Id. at 659; Bloodworth v. State, 790 So.2d 1032, 1033 (Fla.2001); Martin v. State, 813 So.2d 1036 (Fla. 3d DCA 2002); Watts v. State, 789 So.2d 547 (Fla. 3d DCA Thus, pursuant to Grant, ......
  • Ducksworth v. State, 3D01-2791.
    • United States
    • Florida District Court of Appeals
    • January 22, 2003
    ...the habitual felony offender statute. See Grant, 770 So.2d at 659; see also Barge v. State, 789 So.2d 972 (Fla.2001); Bloodworth v. State, 790 So.2d 1032 (Fla.2001). Here, while the life sentence imposed as a Habitual Violent Felony Offender is clearly appropriate under the Act and Grant, w......

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