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804 So. 2d 556

Docket No. 3D01-976.

Foley v. State

Arthur Willis FOLEY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 16, 2002.

District Court of Appeal of Florida · decided 2002-01-16

Cited by 2 later decisions — most recently April 2008

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2002-01-16

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¶1Bennett H. Brummer, Public Defender, and Dorothy F. Easley, Special Assistant Public Defender, for appellant.

¶2Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, and Steven A. Halim, Certified Legal Intern, for appellee.

¶3Before GREEN, SHEVIN and RAMIREZ, JJ.

¶4PER CURIAM.

¶5We affirm the defendant's convictions, but reverse the sentence imposed on Count II. The court erred in sentencing defendant as a Prison Releasee Reoffender *557 ["PRR"] on that count. The offense on that count is not enumerated in the PRR statute, § 775.082(9)(a)1., Fla. Stat. (1999), and defendant is not eligible for a sentence thereunder. We therefore remand for imposition of a guideline sentence on that count.

¶6Convictions affirmed; sentence on Count II reversed and cause remanded for resentencing.

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