Banner v. State

District Court of Appeal of Florida

Banner v. State

4 So. 3d 789, 2009 Fla. App. LEXIS 2482, 2009 WL 763490

CourtDistrict Court of Appeal of Florida

DecidedMarch 25, 2009

DocketNo. 4D07-882

StatusPublished

Cited by3 cases

This text of 4 So. 3d 789 (Banner v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banner v. State, 4 So. 3d 789, 2009 Fla. App. LEXIS 2482, 2009 WL 763490 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

We accept the state’s concession that the trial court erred in denying appellant’s motion to correct his sentence because appellant’s conviction for Aggravated Fleeing and Eluding does not qualify for Prison Releasee Reoffender (PRR) sentencing. We affirm appellant’s sentence of thirty years imprisonment as a habitual felony offender, but reverse and remand with directions to vacate the fifteen-year mandatory PRR provision of his sentence.

Affirm,ed in part, Reversed in part, and Remanded.

STEVENSON, TAYLOR and MAY, JJ., concur.

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PER CURIAM.

We accept the state’s concession that the trial court erred in denying appellant’s motion to correct his sentence because appellant’s conviction for Aggravated Fleeing and Eluding does not qualify for Prison Releasee Reoffender (PRR) sentencing. We affirm appellant’s sentence of thirty years imprisonment as a habitual felony offender, but reverse and remand with directions to vacate the fifteen-year mandatory PRR provision of his sentence.

Affirm,ed in part, Reversed in part, and Remanded.

STEVENSON, TAYLOR and MAY, JJ., concur.

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Bluebook (online)

4 So. 3d 789, 2009 Fla. App. LEXIS 2482, 2009 WL 763490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banner-v-state-fladistctapp-2009.

Opinion

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