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STATE v. GARCIA

No. 3D05-1806.

923 So.2d 1186 (2006)

The STATE of Florida, Appellant, v. Sergio GARCIA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 29, 2006.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellee.

Before WELLS and CORTIÑAS JJ., and SCHWARTZ, Senior Judge.

CORTIÑAS, Judge.

The State of Florida ("State") appeals on the ground that the trial court improperly sentenced the defendant, Sergio Garcia, below the mandated sentence required under the Prison Releasee Reoffender Act ("Act"), section 775.082(9)(a), Florida Statutes (2005). We reverse and vacate the sentence.

Under the Act, the State may seek to have a defendant sentenced as a prison releasee reoffender and, as such, the defendant is not eligible for...

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