Summary
holding that fleeing or eluding does not qualify for PRR sentencing
Summary of this case from Ramirez v. StateOpinion
No. 4D07-882.
March 25, 2009.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ana I. Gardiner, Judge; L.T. Case No. 05-9351 CF.
Carey Haughwout, Public Defender, and Emily Ross-Booker, Assistant Public Defender, West Palm Beach, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.
We accept the state's concession that the trial court erred in denying appellant's motion to correct his sentence because appellant's conviction for Aggravated Fleeing and Eluding does not qualify for Prison Releasee Reoffender (PRR) sentencing. We affirm appellant's sentence of thirty years imprisonment as a habitual felony offender, but reverse and remand with directions to vacate the fifteen-year mandatory PRR provision of his sentence.
Affirmed in part, Reversed in part, and Remanded.
STEVENSON, TAYLOR and MAY, JJ, concur.