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LOPEZ v. STATE

No. 2D12-854.

135 So.3d 539 (2014)

Victor Lee LOPEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 9, 2014.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Bruce P. Taylor , Assistant Public Defender, Bartow, for Appellant.

Victor Lee Lopez, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Tonja Rene Vickers , Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

Victor Lee Lopez appeals from his Prison Releasee Reoffender (PRR) sentence for felony battery with a weapon. See § 775.082(9)(a), Fla. Stat. (2010). He argues that under Alleyne v. United States, ___ U.S. ___, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), a judge may no longer determine whether a defendant's release date from a state correctional facility subjects him or her to PRR sentencing based on a...

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