Roberts v. State
Roberts v. State
Opinion of the Court
AFFIRMED.
Concurring Opinion
concurring.
Dwayne E. Roberts appeals from the summary denial of his motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Roberts claims that his prison releasee reof-fender
The problem is that the use of the PRR acronym in the published Brinson opinion is obviously a typographical error. It is clear from a review of the entire Brinson opinion that the court was only addressing Brinson’s violent career criminal (“VCC”) sentence, not a PRR sentence. VCC sentencing involves prior qualifying offenses. PRR sentencing does not. Compare § 775.084(l)(d), Fla. Stat., with § 775.082(9)(a)l., Fla. Stat. (2004). For PRR sentencing, the State was required to demonstrate that Roberts committed the offense for which he was being prosecuted
. § 775.082(9)(a)l„ Fla. Stat. (2004).
. PRR sentencing only applies to certain offenses, enumerated in the statute. In this case, Roberts was sentenced as a PRR for attempted voluntary manslaughter (enhanced for use of a weapon). Attempted manslaughter is enumerated in the PRR statute as one of the offenses that qualifies for PRR sentencing, if the defendant committed the offense while serving a prison sentence or within three years after being released from prison.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.