Hall v. State, 837 So. 2d 1179

WHATLEY, Judge.

Lee Anthony Hall appeals his convictions and sentences for attempted second-degree murder, robbery, and armed burglary. We find merit only in his argument that his sentences are erroneous.

The trial court sentenced Hall as a prison releasee reoffender, section 775.082(9)(c), Florida Statutes (1999) (Prison Releasee Reoffender Punishment Act [PRRPA]), to life in prison with a minimum mandatory term of thirty years for the attempted second-degree murder, to be served concurrently with life sentences for the robbery and the armed burglary. The court also imposed a minimum mandatory term of twenty-five years’ imprisonment on each count pursuant to section 775.087(2), Florida Statutes (1999) (10-20-Life).

The trial court erred in sentencing Hall because the PRRPA only authorizes the trial court to deviate from its sentencing scheme to impose a greater sentence of imprisonment. Grant v. State, 770 So.2d 655 (Fla.2000). It is error to sentence a PRRPA defendant to a concurrent term under another sentencing statute that is either less than or equal to the PRRPA term. See id.; Smith v. State, 813 So.2d 1002 (Fla. 4th DCA 2002).

Accordingly, we affirm Hall‘s convictions but reverse his sentences and remand for resentencing.

Affirmed in part; reversed in part; and remanded for resentencing.

NORTHCUTT and STRINGER, JJ., Concur.

Case Details

Case Name: Hall v. State

Court Name: District Court of Appeal of Florida

Date Published: Feb 26, 2003

Citations: 837 So. 2d 1179; 2003 WL 465416; 2D02-916

Docket Number: 2D02-916

Court Abbreviation: Fla. Dist. Ct. App.