Kelly v. State

Full title: Isaiah D. Kelly, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Sep 14, 2022

No. 3D22-0812 (Fla. Dist. Ct. App. Sep. 14, 2022)

Opinion

3D22-0812

09-14-2022

Isaiah D. Kelly, Appellant, v. The State of Florida, Appellee.

Isaiah D. Kelly, in proper person. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County Lower Tribunal No. F02-21849, 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.").