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Fisher v. State

36 So. 3d 874, 2010 Fla. App. LEXIS 7702, 2010 WL 2218599
Procedural entryThis page is a short order in Fisher v. State. Read the opinion of the Court — 2007 Fla. App. LEXIS 17250 →
District Court of Appeal of Florida·Decided June 4, 2010·No. 5D10-61·Published

Opinion

PER CURIAM.

Christopher Fisher appeals the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In part, Fisher argues that his prison release reoffender (PRR) sentence for the offense of battery on a law enforcement officer is improper under State v. Hearns, 961 So.2d 211 (Fla.2007). The State properly concedes error. See Rawl *875 ings v. State, 976 So.2d 1179 (Fla. 5th DCA 2008).

Accordingly, we strike the PRR portion of Fisher’s sentence for battery on a law enforcement officer and remand for resen-tencing on that count. 1 We affirm in all other respects.

AFFIRMED IN PART; REMANDED.

MONACO, C.J., ORFINGER and JACOBUS, JJ., concur.
1

. Count II, case number 2007-CF-73.

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Fisher v. State, 36 So. 3d 874, 2010 Fla. App. LEXIS 7702, 2010 WL 2218599 (Fla. Ct. App. 2010).

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Related

State v. Hearns
961 So. 2d 211 (Supreme Court of Florida, 2007)
Rawlings v. State
976 So. 2d 1179 (District Court of Appeal of Florida, 2008)