ISAIAH D. KELLY v. THE STATE OF FLORIDA

District Court of Appeal of Florida·Decided September 14, 2022·No. 22-0812·Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 14, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-0812 Lower Tribunal No. F02-21849 ________________

Isaiah D. Kelly, Appellant,

vs.

The State of Florida, Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.

Isaiah D. Kelly, in proper person.

Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

Before LOGUE, HENDON and BOKOR, JJ.

PER CURIAM. Affirmed. Phillips v. State, 834 So. 2d 272, 274 (Fla. 5th DCA 2002)

(“We conclude the state attorney can choose to request the removal of a

PRR designation on a defendant, when the defendant, in a 3.800(b) motion

to correct his sentence, points out that he cannot receive both the

enhancement of PRR punishment and consecutive sentences.”).

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ISAIAH D. KELLY v. THE STATE OF FLORIDA, (Fla. Ct. App. 2022).

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Related

Phillips v. State
834 So. 2d 272 (District Court of Appeal of Florida, 2002)