RUBEN HENRY SHEPPARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUBEN HENRY SHEPPARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
994 So. 2d 1255
Florida District Court of Appeal, First District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appellant should not have been sentenced as a prison releasee reoffender upon his conviction for battery on a law enforcement officer, as that offense does not qualify for such sentencing. State v. Hearns, 961 So. 2d 211 (Fla.2007). The prison releasee reoffender designation is therefore stricken from the sentence for that battery. This does not affect the prison releasee reoffender designation on the sentence for resisting an officer with violence. As amended herein, the appealed orders are affirmed.
ALLEN, DAVIS, and BENTON, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 221 So. 3d 786 (Fla. 1st DCA 2017)…court to order the prohibition without providing Appellant notice or a reasonable opportunity to respond. See, e.g., State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999); Jackson v. Parkhouse, 826 So. 2d 478, 478 (Fla. 1st DCA 2002); Hendrixson v. Frye, 994 So. 2d 1255, 1255 (Fla. 1st DCA 2008). The order on appeal is otherwise affirmed. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. ROBERTS, WINOKUR, and M.K. THOMAS, JJ„ CONCUR.…
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Pullins v. Britton, 80 So. 3d 1136 (Fla. 1st DCA 2012)…others,” Lussy v. Fourth District Court of Appeal, 828 So. 2d 1026, 1027 (Fla.2002), this record does not show whether appellant was provided the requisite notice and opportunity to be heard before imposition of the sanction. See Hendrixson v. Frye, 994 So. 2d 1255, 1255 (Fla. 1st DCA 2008) (citing State v. Spencer, 751 So. 2d 47, 48-49 (Fla.1999) (recognizing that “denying a pro se litigant the opportunity to file future petitions is a serious sanction” and holding that “it is important for courts to first pr…
Authorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)