Banner v. State

District Court of Appeal of Florida

Banner v. State

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

District Court of Appeal of Florida·Decided March 25, 2009·No. No. 4D07-882·Published·Cited by 3 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

4 So. 3d 789 (Banner v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related