Jackson v. State

956 So. 2d 1248, 2007 Fla. App. LEXIS 8155, 2007 WL 1518094

Opinion

ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant’s request for rehearing, withdraw our previous opinion, and substitute the following.

Appellant raises two issues on appeal; we find one has merit. We determine, as conceded by the State, that in light of the Florida Supreme Court’s decision in State v. Hearns, 32 Fla. L. Weekly S177, — So.2d —, 2007 WL 1215452 (Fla. Apr. 26, 2007), the trial court erred in ruling that appellant’s reclassified battery on a detainee conviction qualifies for violent career criminal sentencing. We, therefore, reverse and remand for resentencing.

ALLEN, WOLF, and POLSTON, JJ., concur.