CRAIG STEPHEN SINCLAIR, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Craig Sinclair appeals his conviction by a jury for false imprisonment and the enhancement of his sentence based on his status as a prison releasee reoffender (PRR). We find that the evidence was sufficient to support the charge and conviction of false imprisonment, and we therefore affirm on that issue. With respect to the PRR enhancement, the State has commendably conceded error. False imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)l, Florida Statutes (2004). We therefore reverse the sentence imposed on that basis and remand the case to the trial court for re-sentencing and any other appropriate action.* Affirmed in part; reversed and remanded in part.
*
At oral argument, it was represented to the court by Sinclair's appellate counsel that Sinclair will be eligible for release when the PRR enhancement is eliminated upon re-sentencing. We neither endorse nor reject that representation, but we are issuing this opinion immediately in light of the State's concession and counsel’s concern.
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Jovan Lamb v. State, 32 So. 3d 117 (Fla. 2d DCA 2009)…sub- [*119] jeet to PRR sentencing. See Mosquera v. State, 16 So. 3d 255 (Fla. 4th DCA 2009) (“Section 775.082(9)(a) provides that certain enumerated offenses may be sentenced as a PRR, but false imprisonment is not among them.”); Sinclair v. State, 973 So. 2d 665, 665 (Fla. 3d DCA 2008) (“False imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)[ (]1[) ].”). We agree with the Third and Fourth Districts on this question. The State urges this court to apply the reasoning in Ragin v. Stat…
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Davis v. State, 20 So. 3d 1024 (Fla. 4th DCA 2009)…n 775.082(9)(a)l., Florida Statutes (2004). State v. Hearns, 961 So. 2d 211, 213 (Fla. 2007) (explaining that the only consideration in determining whether an offense is a forcible felony is the statutory elements of the offense); Sinclair v. State, 973 So. 2d 665, 665 (Fla. 3d DCA 2008) (reversing sentence and remanding for resentenc-ing because false imprisonment is not enumerated in subsection 775.082(9)(a)l., Florida Statutes (2004)); see also § 787.02(l)(a), Fla. Stat. (2004) (defining false imprisonment…
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Mosquera v. State, 16 So. 3d 255 (Fla. 4th DCA 2009)…hat the sentence on counts 2 and 3 for false imprisonment was improperly designated as a PRR. Section 775.082(9)(a) provides that certain enumerated offenses may be sentenced as a PRR, but false imprisonment is not among them. See Sinclair v. State, 973 So. 2d 665 (Fla. 3d DCA 2008) (“False imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)l.”); see also State v. Hearns, 961 So. 2d 211, 218 (Fla.2007) (“[T]o constitute a forcible felony, all ... alternatives must involve the use or thre…
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