DAN LEE MICKLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm appellant’s sentences on the robbery charges. We reject all of appellant’s constitutional challenges to the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997). See Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999); Scott v. State, 721 So. 2d 1245 (Fla. 4th DCA 1998); Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998), rev. denied, 727 So. 2d 909 (Fla.1999); Jesus v. State, 565 So. 2d 1361, 1365 (Fla. 4th DCA 1990).
We reverse appellant’s sentence of five years in prison on the charge of felony petit theft. As the state concedes, felony petit theft is not one of the enumerated offenses in section 775.082(8)(a)l.
Affirmed in part, reversed in part, and remanded for resentencing.
STONE, POLEN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Oralia Baez v. State, 747 So. 2d 415 (Fla. 4th DCA 1999)…RIAM. Defendant appeals his sentence as prison releasee reoffender (PRR) on various constitutional grounds. His arguments have been the subject of recent decisions from this coui$, and we therefore affirm on the authority of them. Mickle v. State, 741 So. 2d 645 (Fla. 4th DCA 1999); Thompson v. State, — So. 2d -, 1999 WL 767419 (Fla. 4th DCA Sept.29, 1999); Rollinson v. State, 743 So. 2d 585, (Fla. 4th DCA 1999); State v. Wise, 744 So. 2d 1035, (Fla. 4th DCA 1999); Simmons v. State, 24 Fla. L. Weekly D1830,…
Authorities Cited
- Rollinson v. State, 743 So. 2d 585 (Fla. 4th DCA 1999)
- Plain v. State, 720 So. 2d 585 (Fla. 4th DCA 1998)
- McKinley Scott v. State, 721 So. 2d 1245 (Fla. 4th DCA 1998)
- Jesus v. State, 565 So. 2d 1361 (Fla. 4th DCA 1990)