BANNER v. STATE

No. 4D07-882.

4 So.3d 789 (2009)

Ricky BANNER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 25, 2009.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Emily Ross-Booker, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

We accept the state's concession that the trial court erred in denying appellant's motion to correct his sentence because appellant's conviction for Aggravated Fleeing and Eluding does not qualify for Prison Releasee Reoffender (PRR) sentencing. We affirm appellant's sentence of thirty years imprisonment as a habitual felony offender, but reverse and remand with directions to vacate the fifteen-year mandatory PRR provision of his sentence.

Affirmed...

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