Opinion
No. 3D01-976
Opinion filed January 16, 2002.
An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge. Lower Tribunal No. 99-37608.
Bennett H. Brummer, Public Defender, and Dorothy F. Easley, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, and Steven A. Halim, Certified Legal Intern, for appellee.
Before GREEN, SHEVIN and RAMIREZ, JJ.
We affirm the defendant's convictions, but reverse the sentence imposed on Count II. The court erred in sentencing defendant as a Prison Releasee Reoffender ["PRR"] on that count. The offense on that count is not enumerated in the PRR statute, § 775.082(9)(a)1., Fla. Stat. (1999), and defendant is not eligible for a sentence thereunder. We therefore remand for imposition of a guideline sentence on that count.
Convictions affirmed; sentence on Count II reversed and cause remanded for resentencing.