Felder v. State
This text of 101 So. 3d 1288 (Felder 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.
Opinion
Samuel L. Felder appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion. We reverse and remand on one claim and affirm the denial of the remaining claims. Felder alleges that the trial court improperly sentenced him on his conviction for false imprisonment as a Prison Releasee Reoffender (PRR) under section 775.082(9)(a)l, Florida Statutes (2007).1 Because the offense of false imprisonment is not subject to PRR sentencing, we remand for the trial court to strike that designation. Kalogeras v. State, 58 So.3d 889 (Fla. 5th DCA 2011); Davis v. State, 20 So.3d 1024 (Fla. 4th DCA 2009); Lamb v. State, 32 So.3d 117 (Fla. 2d DCA 2009); Sinclair v. State, 973 So.2d 665, 665 (Fla. 3d DCA 2008).2
Reversed and Remanded.
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Cite This Page — Counsel Stack
101 So. 3d 1288, 2012 Fla. App. LEXIS 21390, 2012 WL 6169522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felder-v-state-fladistctapp-2012.