The appellant filed a motion pursuant to Florida Rule of Criminal Procedure 3.800(a), challenging the imposition of a Prison Releasee Reoffender (PRR) sentence for possession of cocaine. Upon the State’s proper concession of error, we reverse and remand the denial of the motion.
In 1998, the appellant was convicted of aggravated assault on a law enforcement officer (count I), resisting an officer with violence (count II), and possession of cocaine (count III). He was sentenced to 15 years’ imprisonment as a PRR for count I, 5 years’ imprisonment as a PRR for count II, and 5 years’ imprisonment as a PRR for count III. All the sentences were imposed consecutively to each other.
The appellant alleges that his PRR sentence for possession of cocaine (count III) is illegal because that crime is not an enumerated felony that qualifies for PRR sentencing. According to section 775.082(8)(a)l., Florida Statutes (1998),
The appellant’s PRR sentence for possession of cocaine is illegal, as possession of cocaine is not an enumerated offense and does not involve the use or threat of physical force. See Gonzalez v. State, 810 So.2d 1051 (Fla. 3d DCA 2002). Accordingly, we reverse and remand for the trial court to resentence the appellant on count III. The appellant shall have the right to be present on resentencing. See Lamb v. State, 32 So.3d 117, 119 (Fla. 2d DCA 2009).
Reversed and Remanded for further proceedings consistent with this opinion.
. The PRR statute is now at § 775.082(9)(a), Fla. Stat. (2015).
