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ACOSTA v. STATE

No. 3D07-2596.

982 So.2d 87 (2008)

Carlos ACOSTA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 5, 2008.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Jessica Zagier, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Nicholas A. Merlin, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and LAGOA, J., and DAMOORGIAN, Associate Judge.

DAMOORGIAN, Associate Judge.

Carlos Acosta appeals his enhanced sentence as a Prison Releasee Re-offender (PRR) and a Violent Career Criminal (VCC) for battery of a law enforcement officer (BOLEO). We reverse because a BOLEO conviction cannot serve to enhance a sentence under the PRR or VCC statutes.

The VCC and PRR statutes call for an enhanced sentence when the felony committed is one of the enumerated felonies or if the felony falls within the forcible...

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