ARTHUR WILLIS FOLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ARTHUR WILLIS FOLEY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
804 So. 2d 556
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Also reported at: 2023 WL 1795173
Cited by 6 cases
Opinion of the Court
PER CURIAM.
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)l., 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Foley v. State, 969 So. 2d 283 (Fla. 2007)…ck of jurisdiction. A. Procedural History Foley was convicted of committing two criminal offenses and was sentenced 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 postconviction motions and petitions, which were dismissed or denied, and he subsequently filed a petition…
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Foley v. State, 979 So. 2d 1181 (Fla. 3d DCA 2008)…trial counsel, however, is both proeedurally barred and untimely. Foley was convicted on February 23, 2001, and sentenced 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 re-sentenced, and that sentence was affirmed by this Court on October 9, 2002. Foley v. State, 827 So. 2d 376 (Fla. 3d DCA 2002). Since Foley’s judgment and sentence became final on appeal, he has fi…
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Foley v. State (Fla. 2023)