WEIRE v. STATE

No. 4D99-3831.

776 So.2d 1088 (2001)

Richard WEIRE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 7, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Joseph Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melanie Ann Dale, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our previously issued opinion and substitute the following in its place.

We affirm appellant's convictions for robbery with a deadly weapon and armed kidnaping but reverse his sentence of life imprisonment as a prison releasee reoffender (PRR) with a fifteen year mandatory minimum as a habitual violent felony offender.

Once the state proves by a preponderance of the evidence that a defendant...

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