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Kirkland v. State

District Court of Appeal of Florida, First District
Apr 21, 2009
11 So. 3d 399 (Fla. Dist. Ct. App. 2009)

Opinion

No. 1D08-5181.

April 21, 2009.

Appeal from the Circuit Court, Leon County, Kathleen F. Dekker, J.

Waymon Kirkland, pro se, Appellant.

Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee.


The appellant appeals the denial of a rule 3.800(a) motion arguing that his prison release reoffender (PRR) sentence imposed for robbery by sudden snatching is improper. A conviction for robbery by sudden snatching cannot subject the appellant to a PRR sentence. See Thomas v. State, 983 So.2d 746, 747 (Fla. 4th DCA 2008). We therefore reverse the trial court's summary denial of the appellant's postconviction motion and remand for the trial court to resentence the appellant without the PRR designation.

REVERSED AND REMANDED.

BARFIELD, WEBSTER, and PADOVANO, JJ., concur.


Summaries of

Kirkland v. State

District Court of Appeal of Florida, First District
Apr 21, 2009
11 So. 3d 399 (Fla. Dist. Ct. App. 2009)
Case details for

Kirkland v. State

Case Details

Full title:Waymon KIRKLAND, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 21, 2009

Citations

11 So. 3d 399 (Fla. Dist. Ct. App. 2009)