GRAY v. STATE

No. 1D04-3826.

910 So.2d 867 (2005)

Maurice Keith GRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 25, 2005.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.


BENTON, J.

On direct appeal, Maurice Keith Gray contends that the trial court erred in sentencing him as a prison releasee reoffender because the State adduced only hearsay to prove the date of his release from prison. We accept this contention, vacate his sentence, and remand for resentencing.

In order to impose a prison releasee reoffender (PRR) sentence, the sentencing court had to find that Mr. Gray had been released from prison no more than three years...

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