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STATE v. SMITH

No. 5D02-1796.

832 So.2d 249 (2002)

STATE of Florida, Appellant, v. Robert SMITH, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

December 6, 2002.

Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellee.

PLEUS, J.

The state appeals the sentence imposed on Robert Smith after a jury found him guilty of two counts of lewd or lascivious battery.1 The state argues that the trial court erred when it refused to sentence Smith as a prison releasee reoffender ("PRR") after the state proved that he qualified for such a sentence. We agree and reverse for resentencing.

Smith was charged with two counts of lewd or lascivious battery. Before...

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