Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided July 5, 2000No. 4D98-4433Published

1Opinion of the CourtFarmer, J.

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,1 while under PRR the maximum is 30 years.2 In identical circumstances, we have held that the court may not impose both a HFO and a PRR sentence. See Adams v. State, 750 So.2d 659 (Fla. 4th DCA 1999) (30 year sentence under HFO…

2Cases cited16 opinions

  1. Adams v. StateDistrict Court of Appeal of Florida · 1999
  2. Smith v. StateDistrict Court of Appeal of Florida · 2000
  3. Walls v. StateDistrict Court of Appeal of Florida · 2000
  4. Alfonso v. StateDistrict Court of Appeal of Florida · 2000
  5. Lewis v. StateDistrict Court of Appeal of Florida · 1999

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