STATE v. WOLLARD

No. 4D10-4328.

84 So.3d 1190 (2012)

STATE of Florida, Appellant, v. Donny WOLLARD, Appellee.

District Court of Appeal of Florida, Fourth District.

April 4, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and John Pauly , Assistant Public Defender, West Palm Beach, for appellee.


MAY, C.J.

The State appeals the sentence imposed by the trial court. It argues the trial court erred in failing to sentence the defendant as a prison releasee reoffender ("PRR") to the mandatory sentence of fifteen years. The defendant responds that IF he qualifies as a PRR, then the sentence is in error. However, on cross-appeal the defendant argues that the State failed to establish by proper proof that the defendant is a PRR. We reverse and remand.

A jury...

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