SIMON DEWAYNE SINCLAIR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2002-04-04
No. 1D00-4683
ERVIN, and LEWIS, JJ., concur.
812 So. 2d 594 Florida District Court of Appeal, First District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
BARFIELD, J.

BARFIELD, J.

The convictions are AFFIRMED. The sentences are REVERSED and the case is REMANDED to the trial court for resentencing. On remand, the trial court may again sentence appellant as a prison re-leasee reoffender if it makes the required findings and the evidence supports those findings. See Boyd v. State, 776 So. 2d 317 (Fla. 4th DCA), rev. denied, 792 So. 2d 1213 (Fla.2001); Randall v. State, 613 So. 2d 93 (Fla. 1st DCA 1993); King v. State, 590 So. 2d 1032 (Fla. 1st DCA 1991).

ERVIN, and LEWIS, JJ., concur.


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  • Sinclair v. State, 853 So. 2d 551 (Fla. 1st DCA 2003)
    …pon him as a prison releasee reof-fender (PRR), contending that the sentences were based exactly on the same evidence, admitted over objection, that this court had previously decided was insufficient to support such sentences. See Sinclair v. State, 812 So. 2d 594 (Fla. 1st DCA 2002) (Sinclair I). We agree and once again reverse the sentences and remand the case for resentencing. In Sinclair I, this court affirmed appellant’s convictions, but reversed and remanded for resentencing, because the state had fail…

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