HAMILTON v. STATE, 4D99-1626 (Fla.App. 4 Dist. 3-15-2000)

RICKY HAMILTON, Appellant, v. STATE OF FLORIDA, Appellee.

No. 4D99-1626.District Court of Appeal of Florida, Fourth District.
Opinion filed March 15, 2000.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Fred J. Berman, Judge; L.T. No. 97-14324 CF10A.

Richard L. Jorandby, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

The Defendant appeals his conviction for aggravated battery and his sentences as a habitual felony offender and prison releasee reoffender. We affirm the conviction in all respects, but remand for resentencing.

The Defendant argues that his twenty-year sentence as a habitual offender and his fifteen-year sentence under the Prison Releasee Reoffender Act for the same offense violates the double jeopardy clause. We agree. This court has recently held that a defendant may be sentenced for one offense as either a habitual felony offender or a prison releasee reoffender, but not both. See Adamsv. State, 24 Fla. L. Weekly D2394-D2395 (Fla. 4th DCA Oct. 20, 1999); Melton v. State, 746 So.2d 1188 (Fla. 4th DCA 1999);Glave v. State, 745 So.2d 1065-66 (Fla. 4th DCA 1999). Accordingly, we reverse and remand solely for resentencing.

AFFIRMED in part; REVERSED in part; and REMANDED.

GUNTHER, TAYLOR and HAZOURI, JJ., concur.

NOT FINAL UNTIL THE DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.