Florida District Courts of Appeal, 2009

Banner v. State

Banner v. State
Florida District Courts of Appeal · Decided March 25, 2009 · Stevenson, Taylor
4 So. 3d 789; 2009 Fla. App. LEXIS 2482; 2009 WL 763490 (Southern Reporter, Third Series)

Banner v. State

Opinion of the Court

PER CURIAM.

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.

Affirm,ed in part, Reversed in part, and Remanded.

STEVENSON, TAYLOR and MAY, JJ., concur.

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