JAMES RUSSELL WARD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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A Department of Correction's letter alone is insufficient evidence to sentence a defendant as a prison releasee reoffender.
The court considered a case on remand from the Florida Supreme Court, which quashed a prior opinion. The supreme court directed the application of its…
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ON REMAND FROM THE SUPREME COURT OF FLORIDA
We consider on remand our opinion in Ward v. State, 965 So.2d 308 (Fla. 3d DCA 2007), which the Florida Supreme Court quashed following its decision in Ward v. State, 7 So.3d 520 (Fla.2009). As ordered by the supreme court, we apply its decision in Yisrael v. State, 993 So.2d 952 (Fla.2008) (Yisrael II), to the facts of this case.
In Yisrael II, the supreme court disapproved of the holding in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), that a Department of Correction’s letter alone was sufficient evidence to sentence Yisrael as a prison releasee reoffender. See Yisrael II, 993 So.2d at 959. Given the supreme court’s reasoning in Yisrael II, we now reverse Ward’s sentence as a prison releasee reoffender because a Department of Correction’s letter alone is insufficient to support sentencing Ward as a prison releasee reoffender. See id. at 961. We therefore remand for resentencing consistent with the supreme court’s decision in Yisrael II.
Upon remand, the State may present additional evidence to prove that the defendant qualifies for prison releasee reof-fender sentencing. See State v. Collins, 985 So.2d 985, 990 (Fla.2008).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dean v. State, 230 So. 3d 420 (Fla. 2017)…record of each case when sentencing a defendant as an HFO and PRR.”), rev. denied, 993 So. 2d 511 (Fla. 2008). On remand, the State may present evidence to prove that Dean meets the statutory requirements to be sentenced as a PRR. See Ward v. State, 11 So. 3d 459, 459 (Fla. 3d DCA 2009); see also State v. Collins, 985 So. 2d 985, 990 (Fla. 2008) (“[B]ecause a resentencing is a new proceeding, the State may present additional evidence on remand to prove the defendant qualifies for habitual felony offender sen…
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Dean v. State (Fla. 4th DCA 2020)
Authorities Cited
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Mitchell v. State, 938 So. 2d 546 (Fla. 4th DCA 2006)
- Despart v. State, 884 So. 2d 328 (Fla. 5th DCA 2004)
- State v. Ransom Louis Collins, 985 So. 2d 985 (Fla. 2008)
- Ward v. State, 965 So. 2d 308 (Fla. 3d DCA 2007)
- Ward v. State, 7 So. 3d 520 (Fla. 2009)