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concluding that fact that defendant was already in custody at time of incident would not preclude his conviction for resisting arrest with violence
Summary of this case from Perry v. StateOpinion
No. SC00-1073
Opinion filed June 7, 2001.
Application for Review of the Decision of the District Court of Appeal — Statutory Validity Second District — Case No. 2D98-3948 (Pinellas County)
Walter L. Grantham, Jr., Clearwater, Florida, for Petitioner
Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, Chief of Criminal Law, and Anne Sheer Weiner, Assistant Attorney General, Tampa, Florida, for Respondent
We have for review Vlahovich v. State, 757 So.2d 1219 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.
We partially quash the decision of the district court below only as it relates to the petitioner's sentencing under the Prison Releasee Reoffender Act, and remand for reconsideration upon application of our decisions in Grant v. State, 770 So.2d 655 (Fla. 2000); State v. Cotton, 769 So.2d 345 (Fla. 2000); McKnight v. State, 769 So.2d 1039 (Fla. 2000); and Ellis v. State, 762 So.2d 912 (Fla. 2000). We approve the decision of the district court regarding the petitioner's conviction for resisting arrest with violence.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur.
QUINCE, J., dissents.