RIVERS v. STATE

No. 2D08-3051.

17 So.3d 347 (2009)

Henry James RIVERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 30, 2009.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


MORRIS, Judge.

Henry James Rivers appeals his convictions and sentences for two counts of burglary of an unoccupied dwelling and one count of grand theft, specifically challenging his prison releasee reoffender (PRR) sentence for grand theft. Grand theft is not a qualifying offense under the PRR statute. § 775.082(9)(a)(1), Fla. Stat. (2007). Therefore, Rivers could not have been sentenced as a PRR on that offense. The State agrees that Rivers should be resentenced...

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