Foley v. State, 3D01-976.
| Decision Date | 16 January 2002 |
| Docket Number | No. 3D01-976.,3D01-976. |
| Citation | 804 So.2d 556 |
| Parties | Arthur Willis FOLEY, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
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.
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Foley v. State
...on March 22, 2001. This Court affirmed the judgment but remanded the case for resentencing on January 16, 2002. Foley v. State, 804 So.2d 556 (Fla. 3d DCA 2002). On March 22, 2002, Foley was resentenced, and that sentence was affirmed by this Court on October 9, 2002. Foley v. State, 827 So......
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Foley v. State
...to concurrent terms of imprisonment. His convictions were affirmed, but the case was remanded for resentencing. See Foley v. State, 804 So.2d 556 (Fla. 3d DCA 2002). He was resentenced and the sentence was affirmed. See Foley v. State, 827 So.2d 376 (Fla. 3d DCA 2002). He filed several post......
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