JAMES E. YATES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES E. YATES, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
978 So. 2d 281
Florida District Court of Appeal, Fourth District (2008)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Yates appeals his prison release reoffen-der (PRR) sentence after the jury found him guilty of robbery by sudden snatching. On authority of State v. Hearns, 961 So. 2d 211, 212 (Fla.2007), we reverse, concluding that a conviction for robbery by sudden snatching cannot subject Yates to a PRR sentence. See id. (holding that “in determining whether a crime constitutes a forcible felony [and thus subjects a defendant to a PRR sentence], courts must consider only the statutory elements of the offense”).
We remand for re-sentencing.
STONE, WARNER and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. State, 983 So. 2d 746 (Fla. 4th DCA 2008)…entences, though, must be reversed. Neither crime is an enumerated felony nor is the “use or threat of physical force or violence against an individual” an element of either crime. See §§ 316.1935(2), 812.131(1), Fla. Stat.; see also Yates v. State, 978 So. 2d 281, 282 (Fla. 4th DCA 2008) (recognizing Hearns requires court to look to statutory elements of crime in determining whether PRR sentence may be imposed and holding robbery by sudden snatching will not support PRR sentence). In supplemental briefing on…
Authorities Cited
- State v. Hearns, 961 So. 2d 211 (Fla. 2007)