Opinion
Case No. 1D07-4744.
Opinion filed March 28, 2008.
An appeal from the Circuit Court for Alachua County. Peter K. Sieg, Judge.
Edward Bernard Allen, pro se, Appellant.
Bill McCollum, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.
The appellant appeals the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The second claim, that he was not properly charged by the state, is conclusively refuted by the record, and we affirm the trial court's denial of this claim. The appellant also argues that his two five-year sentences imposed for two convictions of battery on a law enforcement officer may not be enhanced by sentencing him as a prison releasee reoffender ("PRR") because the offenses do not constitute forcible felonies. The appellant's claim has merit. See State v. Hearns, 961 So. 2d 211 (Fla. 2007); Witt v. State, 387 So. 2d 922 (Fla. 1980) (changes that place beyond the authority of the state the power to impose certain penalties are to apply retroactively); Johns v. State, 33 Fla. L. Weekly D181 (Fla. 1st DCA Jan. 18, 2008). We therefore reverse and remand the order for the trial court to strike the PRR designation.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
BENTON, LEWIS, and ROBERTS, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED