MICHAEL MCALKICH
v.
STATE OF FLORIDA
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Michael McAlkich appeals his convictions and sentences, challenging the trial court's imposition of a prison releasee reoffender (PRR) designation on his battery on a law enforcement officer conviction. The State conceded error on appeal, acknowledging that battery on a law enforcement officer is not a qualifying offense under the PRR statute.
The court affirmed McAlkich's convictions and sentences on counts one and three, but reversed the PRR sentence on count two and remanded for the trial court to strike the PRR designation. Battery on a law enforcement officer is neither a qualifying nor an enumerated offense under the PRR statute, making the erroneous imposition of PRR status an illegal sentence.
[1] Battery on a law enforcement officer is neither a qualifying nor an enumerated offense under Florida's prison releasee reoffender statute, and an erroneous PRR designatio…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is undisputed that battery on a law enforcement officer is neither a qualifying nor an enumerated offense under the PRR statute. Moreover, the erroneous imposition of PRR status renders a sentence illegal.”
Court citing Elmore v. State to explain why the PRR sentence must be reversed
McAlkich was convicted by jury trial of multiple counts including battery on a law enforcement officer (count two), resisting an officer with violence…
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PER CURIAM.
Michael McAlkich appeals his convictions and sentences following a jury trial, arguing that the trial court erred in imposing a prison releasee reoffender sentence on his conviction for battery on a law enforcement officer.1 The State properly conceded error on appeal.2 See Elmore v. State, 172 So. 3d 465, 466 (Fla. 1st DCA 2015) ("It is undisputed that battery on a law enforcement officer is neither a qualifying nor an enumerated offense under the PRR statute. Moreover, the erroneous imposition of PRR status renders a sentence illegal." (first citing State v. Hearns, 961 So. 2d 211, 212 (Fla. 2007), then citing Kirkland v. State, 71 So. 3d 254, 255 (Fla. 2d DCA 2011))).
Accordingly, we affirm McAlkich's convictions and sentences on counts one and three without further comment, but we reverse McAlkich's sentence on count two and remand for the trial court to strike the PRR designation.
Affirmed in part; reversed in part; remanded.
KELLY, KHOUZAM, and SLEET, JJ., Concur. 1McAlkich filed a timely Florida Rule of Criminal Procedure 3.800(b)(2) motion challenging his PRR sentence on count two as unlawful before filing the initial brief in this case. Because the trial court failed to timely rule on the motion, it was deemed denied. See Fla. Crim. R. P. 3.800(b)(2)(B).
2The State also argued that McAlkich's sentence on count three for resisting an officer with violence should be reversed and remanded for imposition of a PRR sentence. However, because the State failed to cross-appeal McAlkich's sentence, the issue is not properly before us. See Pope v. State, 884 So. 2d 328, 330 (Fla. 2d DCA 2004) (explaining that the State's failure to file a cross-appeal waived its argument that the trial court was required to impose a certain sentence).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)
- Despart v. State, 884 So. 2d 328 (Fla. 5th DCA 2004)
- Elmore v. State, 172 So. 3d 465 (Fla. 1st DCA 2015)
- Kirkland v. State, 71 So. 3d 254 (Fla. 2d DCA 2011)
- Doneel McNEAL v. State, 884 So. 2d 328 (Fla. 5th DCA 2004)