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JOHNS v. STATE

No. 1D06-6449.

971 So.2d 271 (2008)

Darnell JOHNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 7, 2008.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, C.J.

Darnell Johns appeals his conviction of felony battery and corresponding sentence of five years of incarceration as a prison releasee reoffender. We affirm the conviction without further discussion; however, we reverse the sentence, and remand for removal of the prison releasee reoffender designation.

The State concedes that the prison releasee reoffender designation was improper because the conviction was under section 784.03(2), Florida Statutes...

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