King v. State

I concur in the judgment of the court except insofar as it approves imposition of two punishments for the same offense. No statute authorizes imposition of a habitual offender sentence on a convict who has already been sentenced under the guidelines for the same crime and served ten years of the guidelines sentence in prison. Nor does any court rule purport to authorize such additional punishment.

The decided cases do not support and, indeed, refute the majority’s assertion that such authority exists. The Florida Constitution contains an absolute “prohibition against multiple punishments_ Art.…