Opinion
No. 4D99-2071.
Opinion filed April 12, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. No. 98-22567 CF10A.
Richard L. Jorandby, Public Defender, and Anthony Calvello, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR REHEARING
We grant appellant's motion for rehearing. We withdraw the opinion issued February 9, 2000 and substitute the following:
We affirm appellant's sentence pursuant to the Prison Releasee Reoffender Act (PRRA). Rollinson v. State, 743 So.2d 585 (Fla. 4th DCA 1999). We also hold that the PRRA applies to appellant even though she was released prior to its effective date because the crimes occurred within three years of her release but after the effective date of the statute. See id. at 587-88; Plain v. State, 720 So.2d 585, 586 (Fla. 4th DCA 1998), rev. denied, 727 So.2d 909 (Fla. 1999).
However, we reverse appellant's sentences imposed pursuant to both the Habitual Felony Offender Act and the PRRA. The two sentences violate double jeopardy. See Adams v. State, No. 98-3338, 1999 WL 966743 (Fla. 4th DCA Oct. 20, 1999). On remand the trial court shall resentence appellant pursuant only to the Prison Releasee Reoffender Act. Glave v. State, 745 So.2d 1065 (Fla. 4th DCA 1999); Lewis v. State, No. 99-197, 1999 WL 1267279 (Fla. 5th DCA Dec. 30, 1999).
AFFIRMED in part, REVERSED in part, and REMANDED.
DELL, STONE and TAYLOR, JJ., concur.