Florida District Courts of Appeal, 2009

Kirkland v. State

Kirkland v. State
Florida District Courts of Appeal · Decided April 21, 2009 · Barfield, Webster, Padovano
11 So. 3d 399; 2009 Fla. App. LEXIS 3381; 2009 WL 1044896 (Southern Reporter, Third Series)

Kirkland v. State

Opinion

PER CURIAM.

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.

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