SHANE MICHAEL HANEY
v.
STATE OF FLORIDA
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Shane Michael Haney appeals his mandatory five-year sentence as a prison releasee reoffender (PRR) for aggravated assault with a deadly weapon. The court reverses his sentence and remands for resentencing because the record lacks proof that Haney qualified as a PRR, despite his agreement to be sentenced under that enhancement.
The court reversed Haney's sentence and remanded for resentencing because the record failed to support his PRR sentence. On remand, the trial court may impose a PRR sentence only if the State provides sufficient documentation proving Haney qualifies as a PRR or Haney stipulates to that status.
[1] A prison releasee reoffender (PRR) sentence must be reversed and remanded for resentencing when the record fails to support the defendant's qualification for PRR status,…
[2] A defendant's agreement to be sentenced as a prison releasee reoffender (PRR) does not constitute a stipulation that the defendant qualifies for PRR sentencing.
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Join FLexlaw to unlock all legal intelligence“Because the record fails to support his sentence as a PRR, we reverse his sentence and remand for resentencing.”
Statement of the holding establishing the basis for reversal
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Join FLexlaw to unlock all legal intelligenceHaney was sentenced as a prison releasee reoffender (PRR) for aggravated assault with a deadly weapon to a mandatory five-year sentence as part of a n…
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PER CURIAM.
In this Anders1 appeal, Shane Michael Haney argues for reversal of his mandatory five-year sentence as a prison releasee reoffender (PRR) for aggravated assault with a deadly weapon. Because the record fails to support his sentence as a PRR, we reverse his sentence and remand for resentencing.
During the pendency of this appeal, Haney filed a timely motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b)(2).2 In his motion, Haney argued that although he had agreed to be sentenced as a PRR as part of his negotiated plea, he did not stipulate that he qualified as a PRR and that the State did not prove that he met the statutory requirements for PRR sentencing.
The State conceded that the record did not reflect any such stipulation or evidence and that, therefore, Haney was entitled to a resentencing hearing. See Hamilton v. State, 746 So. 2d 512, 514 (Fla. 2d DCA 1999) (reversing for resentencing where the State 1 Anders v. California, 386 U.S. 738 (1967).
failed to present proof of the defendant's PRR status and the defendant did not stipulate that he qualified as a PRR despite his agreement to be sentenced as a PRR).
Accordingly, we reverse Haney's sentence and remand for resentencing. On remand, the trial court may again impose a PRR sentence if the State provides sufficient documentation to prove, or Haney stipulates, that he qualifies as a PRR. See id.
Reversed and remanded for resentencing.
KELLY, LaROSE, and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Hamilton v. State, 746 So. 2d 512 (Fla. 2d DCA 1999)