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978 So. 2d 281

Docket No. 4D07-1924.

Yates v. State

James E. YATES, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-04-16

Cited by 1 later decisions — most recently June 2008

1 state decisions

Relies on 961 So. 2d 211 - State v. Hearns

Good law ✅— No negative treatment on recordhow we know

Decided 2008-04-16

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¶1*282 Carey Haughwout, Public Defender, and Peggy Natale, Assistant Public Defender, West Palm Beach, for appellant.

¶2Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Yates appeals his prison release reoffender (PRR) sentence after the jury found him guilty of robbery by sudden snatching. On authority of State v. Hearns,961 So.2d 211, 212 (Fla.2007), we reverse, concluding that a conviction for robbery by sudden snatching cannot subject Yates to a PRR sentence. See id. (holding that "in determining whether a crime constitutes a forcible felony [and thus subjects a defendant to a PRR sentence], courts must consider only the statutory elements of the offense").

¶5We remand for re-sentencing.

¶6STONE, WARNER and FARMER, JJ., concur.

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