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WILLIAMS v. STATE

No. 99-1355.

748 So.2d 1058 (1999)

Richard WILLIAMS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 8, 1999.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Shaundra L. Kellam, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Keith S. Kromash and Margaret Brenan, Assistant Attorneys General, for appellee.

Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.

SHEVIN, Judge.

We reverse defendant's sentence as a prison releasee reoffender, pursuant to section 775.082(9), Florida Statutes (Supp. 1998). The trial court imposed this sentenced based on defendant's release from a Michigan prison within three years of the present conviction. However, as defendant was not released from a Florida prison, the court erred in sentencing defendant as a prison releasee reoffender. As the Fifth District correctly concluded in ...

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