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WEST v. STATE

No. 2D07-4242.

16 So.3d 1033 (2009)

Dave WEST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 9, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.

SILBERMAN, Judge.

Dave West appeals his judgment and thirty-year sentence as a prison releasee reoffender (PRR) for robbery with a weapon. We affirm the conviction without discussion but reverse the PRR sentence and remand for resentencing.

We agree with West's contention that the State failed to meet its burden to prove by a preponderance of the evidence that West qualified as a PRR pursuant to section 775.082(9), Florida Statutes (2006). We reject the State...

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