Randall v. State

766 So. 2d 376, 2000 Fla. App. LEXIS 9624, 2000 WL 1049873
District Court of Appeal of Florida·Decided August 1, 2000·No. No. 1D98-1138·Published

Opinions

PER CURIAM.

Cecil Randall (Randall) raises several issues on appeal, one of which challenges his sentence as an habitual felony offender and reoffender; the reoffender sentence was imposed pursuant to the Prison Re-leasee Reoffender Punishment Act, section 775.082, Florida Statutes (1997) (the PRR act). Because Randall was sentenced to twenty-six years for unarmed robbery un[377] der the PRR act and fifteen years is the maximum sentence under this act, we reverse and remand for resentencing as a prison releasee reoffender. Smith v. State, 754 So.2d 100 (Fla. 1st DCA 2000). We affirm in all other respects, including Randall’s twenty-six-year sentence as an habitual felony offender.

ALLEN and LAWRENCE, JJ., CONCUR. BENTON, J., CONCURS WITH OPINION.

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Randall v. State, 766 So. 2d 376, 2000 Fla. App. LEXIS 9624, 2000 WL 1049873 (Fla. Ct. App. 2000).

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