Opinion
No. 1D07-6155.
November 26, 2008.
An Appeal from the Circuit Court for Alachua County, Thomas M. Jaworski, Judge.
Nancy A Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.
The appellant should not have been sentenced as a prison releasee reoffender upon his conviction for battery on a law enforcement officer, as that offense does not qualify for such sentencing. State v. Hearns, 961 So.2d 211 (Fla. 2007). The prison releasee reoffender designation is therefore stricken from the sentence for that battery. This does not affect the prison releasee reoffender designation on the sentence for resisting an officer with violence. As amended herein, the appealed orders are affirmed.
ALLEN, DAVIS, and BENTON, JJ, Concur.