CHRISTOPHER FISHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHRISTOPHER FISHER, APPELLANT,
STATE OF FLORIDA, APPELLEE
36 So. 3d 874
Florida District Court of Appeal, Fifth District (2010)
Opinion of the Court
Christopher Fisher appeals the denial of his motion to correct sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). In part, Fisher argues that his prison release reoffender (PRR) sentence for the offense of battery on a law enforcement officer is improper under State v. Hearns, 961 So.2d 211 (Fla.2007). The State properly concedes error. See Rawl *875 ings v. State, 976 So.2d 1179 (Fla. 5th DCA 2008).
Accordingly, we strike the PRR portion of Fisher’s sentence for battery on a law enforcement officer and remand for resen-tencing on that count.1 We affirm in all other respects.
AFFIRMED IN PART; REMANDED.
MONACO, C.J., ORFINGER and JACOBUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)
- Rawlings v. State, 976 So. 2d 1179 (Fla. 5th DCA 2008)