From Casetext: Smarter Legal Research

Iman v. State

District Court of Appeal of Florida, First District
May 29, 2001
784 So. 2d 1265 (Fla. Dist. Ct. App. 2001)

Summary

involving a double jeopardy analysis

Summary of this case from Works v. State

Opinion

No. 1D00-2848.

May 29, 2001.

An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge.

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Karen Armstrong, Assistant Attorney General, and Douglas T. Squire, Assistant Attorney General, Tallahassee, for Appellee.


Although the trial court sentenced appellant under the habitual felony offender statute, section 775.084(1)(a), (4)(a), Florida Statutes (1999), and the violent career criminal statute, section 775.084(1)(d), (4)(d), Florida Statutes (1999), appellant has shown no double jeopardy violation because he will serve only one sentence with a minimum mandatory term, as provided for by the violent career criminal statute.Cf. Grant v. State, 770 So.2d 655 (Fla. 2000) (holding that two concurrent sentences, pursuant to the prison releasee reoffender statute and the habitual felony offender statute, imposed upon appellant for a single offense, do not violate the double jeopardy clause of the United States Constitution).

AFFIRMED.

BARFIELD, C.J., KAHN and PADOVANO, JJ., concur.


Summaries of

Iman v. State

District Court of Appeal of Florida, First District
May 29, 2001
784 So. 2d 1265 (Fla. Dist. Ct. App. 2001)

involving a double jeopardy analysis

Summary of this case from Works v. State
Case details for

Iman v. State

Case Details

Full title:Dean Fuller IMAN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 29, 2001

Citations

784 So. 2d 1265 (Fla. Dist. Ct. App. 2001)

Citing Cases

Works v. State

We also note that in two cases decided prior to Oberst, the courts upheld sentences that were imposed under…

Denyer v. State

There is no double jeopardy violation when the sentences are to run concurrent. See Iman v. State, 784 So.2d…