State of Florida v. Stephen Dragani

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Supreme Court of Florida ____________ No. SC00-1396 ____________ STATE OF FLORIDA, Petitioner, vs. STEPHEN DRAGANI, Respondent. [July 12, 2001] LEWIS, J. We have for review Dragani v. State, 759 So. 2d 745 (Fla. 5th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We approve the decision of the district court in affirming the respondent s convictions. However, we quash that part of the district court s decision as it relates to the respondent 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). It is so ordered. WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur. QUINCE, J., dissents. NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DETERMINED. Application for Review of the Decision of the District Court of Appeal Direct Conflict Fifth District - Case No. 5D99-1203 (Seminole County) Robert A. Butterworth, Attorney General, and Kellie A. Nielan and Anthony J. Golden, Assistant Attorneys General, Daytona Beach, Florida, for Petitioner James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Seventh Judicial Circuit, Daytona Beach, Florida, for Respondent -2-

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