State v. NewmonesState v. Newmones
In these consolidated cases, Newmones appeals from his judgment and sentence for armed robbery with a firearm1 and the state appeals from the sentence imposed
Newmones was convicted of robbery with a firearm, a violation of
(a) for a felony punishable by life, by a term of imprisonment for life;
(b) for a felony of the first degree, by a term of imprisonment of 30 years.
Over the state‘s objections, the trial court sentenced Newmones to 30 years in prison.
This court has held that the Prison Releasee Reoffender Act mandates a penalty of life in prison for burglary because it is a felony “punishable by life.” State v. Maples, 739 So.2d 127 (Fla. 5th DCA), cause dismissed, Case No. 96,677, ___ So.2d ___ (Fla.1999). See also Knight v. State, 2000 WL 305324, ___ So.2d ___ (Fla. 1st DCA Mar.27, 2000); Brown v. State, 1999 WL 1112715, ___ So.2d ___ (Fla. 1st DCA Dec.8, 1999). The trial judge has no discretion to depart downwards from this mandatory sentence once a defendant is shown to meet the qualifications of being a prison releasee reoffender, as defined by that statute. Any doubts concerning the constitutionality of the Prison Releasee Reoffender Act have been resolved in favor of constitutionality. See State v. Cotton, 2000 WL 766521, ___ So.2d ___ (Fla. June 15, 2000).
Accordingly, we affirm Newmones’ convictions, but vacate his sentence for armed robbery and remand with instructions to impose a life sentence for that offense.
AFFIRMED in part; Sentence for Armed Robbery with a Firearm VACATED; REMANDED for resentencing.
COBB and GRIFFIN, JJ., concur.