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128 So. 3d 122

Collier v. State

District Court of Appeal of Florida

Decided October 16, 2013

District Court of Appeal of Florida · decided 2013-10-16

Cited by 2 later decisions — most recently March 2016

2 state decisions

Relies on 493 So. 2d 489 - Toler v. State · Smith v. State · Cohen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-10-16

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PER CURIAM.

¶1The appellant filed a rule 3.850 postcon-viction motion asserting that he was improperly sentenced as a prison releasee reoffender (PRR) for robbery by sudden snatching. Robbery by sudden snatching is not one of the enumerated offenses qualifying a defendant for PRR enhancement. See Smith v. State, 891 So.2d 1133 (Fla. 4th DCA 2005); Cohen v. State, 920 So.2d 682 (Fla. 2d DCA 2006).

¶2In response to this Court’s order issued pursuant to Toler v. State, 493 So.2d 489 (Fla. 1st DCA 1986), the state has conceded that the trial court has failed to attach any portion of the record refuting the appellant’s claim.

¶3We therefore reverse and remand this claim for further proceedings by the trial court. As to all other claims in the motion, we hereby affirm the trial court’s order.

¶4AFFIRMED IN PART, REVERSED AND REMANDED IN PART.

LEWIS, C.J, WOLF and MAKAR, JJ„ concur.
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