Florida Statute 775.82 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

View Entire Chapter

F.S. 775.082

775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.—

(1)(a) Except as provided in paragraph (b), a person who has been convicted of a capital felony shall be punished by death if the proceeding held to determine sentence according to the procedure set forth in s. 921.141 results in a determination that such person shall be punished by death, otherwise such person shall be punished by life imprisonment and shall be ineligible for parole.

(b)1. A person who actually killed, intended to kill, or attempted to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. If the court finds that life imprisonment is not an appropriate sentence, such person shall be punished by a term of imprisonment of at least 40 years. A person sentenced pursuant to this subparagraph is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(a).

2. A person who did not actually kill, intend to kill, or attempt to kill the victim and who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as a capital felony, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life if, after a sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds that life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).

3. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(a) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim.

(2) In the event the death penalty in a capital felony is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death for a capital felony shall cause such person to be brought before the court, and the court shall sentence such person to life imprisonment as provided in subsection (1). No sentence of death shall be reduced as a result of a determination that a method of execution is held to be unconstitutional under the State Constitution or the Constitution of the United States.

(3) A person who has been convicted of any other designated felony may be punished as follows:

(a)1. For a life felony committed before October 1, 1983, by a term of imprisonment for life or for a term of at least 30 years.

2. For a life felony committed on or after October 1, 1983, by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years.

3. Except as provided in subparagraph 4., for a life felony committed on or after July 1, 1995, by a term of imprisonment for life or by imprisonment for a term of years not exceeding life imprisonment.

4.a. Except as provided in sub-subparagraph b., for a life felony committed on or after September 1, 2005, which is a violation of s. 800.04(5)(b), by:

(I) A term of imprisonment for life; or

(II) A split sentence that is a term of at least 25 years’ imprisonment and not exceeding life imprisonment, followed by probation or community control for the remainder of the person’s natural life, as provided in s. 948.012(4).

b. For a life felony committed on or after July 1, 2008, which is a person’s second or subsequent violation of s. 800.04(5)(b), by a term of imprisonment for life.

5. Notwithstanding subparagraphs 1.-4., a person who is convicted under s. 782.04 of an offense that was reclassified as a life felony which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence.

a. A person who actually killed, intended to kill, or attempted to kill the victim and is sentenced to a term of imprisonment of more than 25 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(b).

b. A person who did not actually kill, intend to kill, or attempt to kill the victim and is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(c).

c. The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based upon whether the person actually killed, intended to kill, or attempted to kill the victim. The court may find that multiple defendants killed, intended to kill, or attempted to kill the victim.

6. For a life felony committed on or after October 1, 2014, which is a violation of s. 787.06(3)(g), by a term of imprisonment for life.

(b)1. For a felony of the first degree, by a term of imprisonment not exceeding 30 years or, when specifically provided by statute, by imprisonment for a term of years not exceeding life imprisonment.

2. Notwithstanding subparagraph 1., a person convicted under s. 782.04 of a first degree felony punishable by a term of years not exceeding life imprisonment, or an offense that was reclassified as a first degree felony punishable by a term of years not exceeding life, which was committed before the person attained 18 years of age may be punished by a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that a term of years equal to life imprisonment is an appropriate sentence.

(c) Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not included in s. 782.04 but that is an offense that is a life felony or is punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, or an offense that was reclassified as a life felony or an offense punishable by a term of imprisonment for life or by a term of years not exceeding life imprisonment, which was committed before the person attained 18 years of age may be punished by a term of imprisonment for life or a term of years equal to life imprisonment if the judge conducts a sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to life imprisonment is an appropriate sentence. A person who is sentenced to a term of imprisonment of more than 20 years is entitled to a review of his or her sentence in accordance with s. 921.1402(2)(d).

(d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years.

(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.

(5) Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county.

(6) Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period within minimum and maximum limits as provided by law, except as provided in subsection (1).

(7) This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.

(8)(a) The sentencing guidelines that were effective October 1, 1983, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1983, and before January 1, 1994, and to all felonies, except capital felonies and life felonies, committed before October 1, 1983, when the defendant affirmatively selects to be sentenced pursuant to such provisions.

(b) The 1994 sentencing guidelines, that were effective January 1, 1994, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after January 1, 1994, and before October 1, 1995.

(c) The 1995 sentencing guidelines that were effective October 1, 1995, and any revisions thereto, apply to all felonies, except capital felonies, committed on or after October 1, 1995, and before October 1, 1998.

(d) The Criminal Punishment Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. Any revision to the Criminal Punishment Code applies to sentencing for all felonies, except capital felonies, committed on or after the effective date of the revision.

(e) Felonies, except capital felonies, with continuing dates of enterprise shall be sentenced under the sentencing guidelines or the Criminal Punishment Code in effect on the beginning date of the criminal activity.

(9)(a)1. “Prison releasee reoffender” means any defendant who commits, or attempts to commit:

a. Treason;

b. Murder;

c. Manslaughter;

d. Sexual battery;

e. Carjacking;

f. Home-invasion robbery;

g. Robbery;

h. Arson;

i. Kidnapping;

j. Aggravated assault with a deadly weapon;

k. Aggravated battery;

l. Aggravated stalking;

m. Aircraft piracy;

n. Unlawful throwing, placing, or discharging of a destructive device or bomb;

o. Any felony that involves the use or threat of physical force or violence against an individual;

p. Armed burglary;

q. Burglary of a dwelling or burglary of an occupied structure; or

r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5);

within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor, a county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence, or a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.

2. “Prison releasee reoffender” also means any defendant who commits or attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while the defendant was serving a prison sentence or on escape status from a state correctional facility operated by the Department of Corrections or a private vendor or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.

3. If the state attorney determines that a defendant is a prison releasee reoffender as defined in subparagraph 1., the state attorney may seek to have the court sentence the defendant as a prison releasee reoffender. Upon proof from the state attorney that establishes by a preponderance of the evidence that a defendant is a prison releasee reoffender as defined in this section, such defendant is not eligible for sentencing under the sentencing guidelines and must be sentenced as follows:

a. For a felony punishable by life, by a term of imprisonment for life;

b. For a felony of the first degree, by a term of imprisonment of 30 years;

c. For a felony of the second degree, by a term of imprisonment of 15 years; and

d. For a felony of the third degree, by a term of imprisonment of 5 years.

(b) A person sentenced under paragraph (a) shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release. Any person sentenced under paragraph (a) must serve 100 percent of the court-imposed sentence.

(c) Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.

(d)1. It is the intent of the Legislature that offenders previously released from prison or a county detention facility following incarceration for an offense for which the sentence pronounced was a prison sentence who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as provided in this subsection, unless the state attorney determines that extenuating circumstances exist which preclude the just prosecution of the offender, including whether the victim recommends that the offender not be sentenced as provided in this subsection.

2. For every case in which the offender meets the criteria in paragraph (a) and does not receive the mandatory minimum prison sentence, the state attorney must explain the sentencing deviation in writing and place such explanation in the case file maintained by the state attorney.

(10) If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.

(11) The purpose of this section is to provide uniform punishment for those crimes made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

History.—s. 3, ch. 71-136; ss. 1, 2, ch. 72-118; s. 2, ch. 72-724; s. 5, ch. 74-383; s. 1, ch. 77-174; s. 1, ch. 83-87; s. 1, ch. 94-228; s. 16, ch. 95-184; s. 4, ch. 95-294; s. 2, ch. 97-239; s. 2, ch. 98-3; s. 10, ch. 98-204; s. 2, ch. 99-188; s. 3, ch. 2000-246; s. 1, ch. 2001-239; s. 2, ch. 2002-70; ss. 1, 2, ch. 2002-211; s. 4, ch. 2005-28; s. 13, ch. 2008-172; s. 1, ch. 2008-182; s. 1, ch. 2009-63; s. 2, ch. 2011-200; s. 8, ch. 2014-160; s. 1, ch. 2014-220; s. 1, ch. 2016-13; s. 19, ch. 2016-24; s. 3, ch. 2017-1; s. 21, ch. 2017-37; s. 11, ch. 2017-107; s. 30, ch. 2019-167.

F.S. 775.082 on Google Scholar

F.S. 775.082 on CourtListener

Amendments to 775.082

Annotations, Discussions, Cases:

Cases Citing Statute 775.082

Total Results: 1000

Timothy Lee Hurst v. State of Florida

202 So. 3d 40, 41 Fla. L. Weekly Supp. 433, 2016 Fla. LEXIS 2305

Supreme Court of Florida | Filed: Oct 14, 2016 | Docket: 4481083

Cited 537 times | Published

majority decision except its determination that section 775.082(2), Florida Statutes (2016), is not applicable

State v. McBride

848 So. 2d 287, 2003 WL 21088088

Supreme Court of Florida | Filed: May 15, 2003 | Docket: 2487435

Cited 200 times | Published

result in an increase in his prison term. See § 775.082, Fla. Stat. (1989). Therefore, McBride's claim

State v. Hearns

961 So. 2d 211, 2007 WL 1215452

Supreme Court of Florida | Filed: Apr 26, 2007 | Docket: 468645

Cited 137 times | Published

prisoner releasee reoffender (PRR) statute, section 775.082, Florida Statutes (2000). The PRR statute,

Grant v. State

770 So. 2d 655, 2000 WL 1637539

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 1779469

Cited 114 times | Published

a prison releasee reoffender (pursuant to section 775.082(8), Florida Statutes (1997)(the "Act")). The

Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Julie L. Jones, etc.

210 So. 3d 1

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556945

Cited 104 times | Published

to abide by the Legislature’s directive in section 775.082(2), Florida Statutes. In so doing, these capital

State v. Cotton

769 So. 2d 345, 2000 WL 766521

Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 1476653

Cited 87 times | Published

Laws of Florida, codified in part in former section 775.082(8), Florida Statutes (1997)(the "Act").[2]

Larkins v. State

739 So. 2d 90, 1999 WL 506968

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 1294063

Cited 86 times | Published

occurred in 1990. At the time of the offense, section 775.082, Florida Statutes (1989) provided that "[a]

Mendenhall v. State

48 So. 3d 740, 35 Fla. L. Weekly Supp. 631, 2010 Fla. LEXIS 1788, 2010 WL 4237573

Supreme Court of Florida | Filed: Oct 28, 2010 | Docket: 5987

Cited 41 times | Published

section 775.087, when read together with section 775.082, does not specify overriding of the statutory

Adaway v. State

902 So. 2d 746, 2005 WL 609677

Supreme Court of Florida | Filed: Mar 17, 2005 | Docket: 1257079

Cited 39 times | Published

charge, which was a mandatory sentence under section 775.082(1), Florida Statutes (1999). The court also

Huffman v. State

813 So. 2d 10, 2001 WL 617716

Supreme Court of Florida | Filed: Jun 7, 2000 | Docket: 1403387

Cited 39 times | Published

capital felony, punishable as provided in § 775.082." Section 775.082(1), Florida Statutes (1971), provided:

Kayle Barrington Bates v. Secretary, Florida Department of Corrections

768 F.3d 1278, 2014 U.S. App. LEXIS 17250, 2014 WL 4384241

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2014 | Docket: 1140894

Cited 37 times | Published

jury), the Florida legislature amended Fla. Stat. § 775.082 to provide that a defendant convicted of capital

Kayle Barrington Bates v. Secretary, Florida Department of Corrections

768 F.3d 1278, 2014 U.S. App. LEXIS 17250, 2014 WL 4384241

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2014 | Docket: 1140894

Cited 37 times | Published

jury), the Florida legislature amended Fla. Stat. § 775.082 to provide that a defendant convicted of capital

Grant v. State

745 So. 2d 519, 1999 WL 1062510

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1294740

Cited 31 times | Published

Prison Releasee Reoffender Act (the Act), section 775.082(8), Florida Statutes (1997). Grant alleges

State v. Huggins

802 So. 2d 276, 2001 WL 278107

Supreme Court of Florida | Filed: Mar 22, 2001 | Docket: 1332950

Cited 29 times | Published

3(b)(4), Fla. Const. Because the language of section 775.082(8), Florida Statutes (1997), is ambiguous,

Mays v. State

717 So. 2d 515, 1998 WL 394091

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1277250

Cited 29 times | Published

exceed the statutory maximums set forth in section 775.082, Florida Statutes (1993), I agree with the

Butler v. State

838 So. 2d 554, 2003 WL 193488

Supreme Court of Florida | Filed: Jan 30, 2003 | Docket: 461371

Cited 28 times | Published

including the statutory maximum, as defined in section 775.082, for the primary offense and any additional

Alvarez v. State

358 So. 2d 10

Supreme Court of Florida | Filed: Apr 4, 1978 | Docket: 1311573

Cited 28 times | Published

exceeding life imprisonment or as provided in § 775.082, § 775.083, or § 775.084. (b) If in the course

Mann v. Moore

794 So. 2d 595, 2001 WL 776293

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 1473410

Cited 27 times | Published

penalty phase, the maximum sentence under section 775.082, Florida Statutes (1989), was life in prison

Rodrick D. Williams v. State of Florida

242 So. 3d 280

Supreme Court of Florida | Filed: Feb 22, 2018 | Docket: 6312769

Cited 26 times | Published

TRIAL COURT TO MAKE THE FACTUAL FINDING UNDER SECTION 775.082(1)(b), FLORIDA STATUTES (2016), AS TO WHETHER

Reeves v. State

957 So. 2d 625, 2007 WL 1437467

Supreme Court of Florida | Filed: May 17, 2007 | Docket: 1679047

Cited 26 times | Published

Prison Releasee Reoffender (PRR) statute, section 775.082(9), Florida Statutes (Supp.1998), for Count

Adams v. State

750 So. 2d 659, 1999 WL 966743

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1434152

Cited 26 times | Published

committed by appellant is fifteen years. See § 775.082(8)(a)2.c. The last fifteen years were to be served

McDonald v. State

957 So. 2d 605, 2007 WL 1437448

Supreme Court of Florida | Filed: May 17, 2007 | Docket: 266116

Cited 25 times | Published

Prison Releasee Reoffender (PRR) statute, section 775.082(9) Florida Statutes (2000), must be imposed

Young v. State

719 So. 2d 1010, 1998 WL 765379

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 1351554

Cited 25 times | Published

constitutionality of the Prison Releasee Reoffender Act, section 775.082, Florida Statutes (1997), and its application

Peters v. State

128 So. 3d 832, 2013 WL 6083405, 2013 Fla. App. LEXIS 18426

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60237174

Cited 24 times | Published

DCA 1995) (citation omitted) (emphasis added); § 775.082(3)(a), Fla. Stat. (1989). Therefore, within this

Walker v. State

965 So. 2d 1281, 2007 WL 3010202

District Court of Appeal of Florida | Filed: Oct 17, 2007 | Docket: 2527329

Cited 23 times | Published

forcible felonies under the PRR statute. See § 775.082(9)(a)(1), Fla. Stat. (2005). The postconviction

Williams v. State

143 So. 3d 423, 2014 WL 2874296, 2014 Fla. App. LEXIS 9552

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242312

Cited 22 times | Published

(“PRR”) sentence for the burglary pursuant to section 775.082(9), Florida Statutes, and a concurrent five-year

United States v. Laszek Krawczak

331 F.3d 1302, 2003 WL 21254919

Court of Appeals for the Eleventh Circuit | Filed: Jun 6, 2003 | Docket: 397704

Cited 22 times | Published

exceeding life imprisonment or as provided in § 775.082, § 775.083, or § 775.084, if, in the course of

Lopez v. State

135 So. 3d 539, 2014 WL 1379858, 2014 Fla. App. LEXIS 5221, 39 Fla. L. Weekly Fed. D 738

District Court of Appeal of Florida | Filed: Apr 9, 2014 | Docket: 60239688

Cited 21 times | Published

sentence for felony battery with a weapon. See § 775.082(9)(a), Fla. Stat. (2010). He argues that under

Ives v. State

993 So. 2d 117, 2008 WL 4643183

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1516124

Cited 20 times | Published

prove the date he was released from prison. See § 775.082(9)(a)1, Fla. Stat. (2005). The motion alleges

Knight v. State

808 So. 2d 210, 2002 WL 87371

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1738527

Cited 19 times | Published

question as one of great public importance: DOES SECTION [775.082(8)(a)2.a.], FLORIDA STATUTES (1997), WHICH

Rollinson v. State

743 So. 2d 585, 1999 WL 767451

District Court of Appeal of Florida | Filed: Sep 29, 1999 | Docket: 1243305

Cited 19 times | Published

Rollinson appeals his sentence imposed pursuant to section 775.082(8), Florida Statutes (1997), the "Prison Releasee

Jones v. State

71 So. 3d 173, 2011 Fla. App. LEXIS 15106, 2011 WL 4424302

District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 2360508

Cited 18 times | Published

not support the court’s finding pursuant to section 775.082(10), Florida Statutes (2009), that a nonstate

Robinson v. State

37 So. 3d 921, 2010 Fla. App. LEXIS 7719, 2010 WL 2219195

District Court of Appeal of Florida | Filed: Jun 4, 2010 | Docket: 369203

Cited 17 times | Published

of imprisonment not exceeding forty years. See § 775.082(3)(a)(2). Because his sentence was for a term

Scott v. State

721 So. 2d 1245, 1998 WL 889331

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1322819

Cited 17 times | Published

attack on the Prison Release Re-offender Act, section 775.082(8)(a), Florida Statutes (1997), which we have

State v. Coban

520 So. 2d 40, 1988 WL 10276

Supreme Court of Florida | Filed: Feb 11, 1988 | Docket: 1709372

Cited 17 times | Published

twenty-five years before becoming eligible for parole. § 775.082(1), Fla. Stat. (1983). In June 1985, Coban filed

McKnight v. State

727 So. 2d 314, 1999 WL 72739

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 1730038

Cited 16 times | Published

Act. See ch. 97-239, Laws of Fla. (codified at § 775.082(8), Fla. Stat. (1997)). The defendant was convicted

Plain v. State

720 So. 2d 585, 1998 WL 712905

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 1718924

Cited 16 times | Published

facto law as applied to appellant. The Act, section 775.082(8)(a), Florida Statutes (1997), which became

Gardner v. State

661 So. 2d 1274, 1995 WL 627460

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 1526402

Cited 16 times | Published

exceeds the maximum sentence authorized by section 775.082: Sentences imposed by trial court judges under

Banks v. State

342 So. 2d 469

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 43775

Cited 16 times | Published

inherently passed on the constitutionality of Section 775.082(1), Florida Statutes. We have jurisdiction

Orme v. State

25 So. 3d 536, 34 Fla. L. Weekly Supp. 638, 2009 Fla. LEXIS 1950, 2009 WL 3853142

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1661553

Cited 15 times | Published

possibility of parole for twenty-five years. § 775.082(1), Fla. Stat. (1993). However, in 1994, the Legislature

Walls v. State

765 So. 2d 733, 2000 WL 627661

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 428953

Cited 15 times | Published

Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997), arguing that the

State v. Huggins

744 So. 2d 1215, 1999 WL 1016311

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1380551

Cited 15 times | Published

the Prison Releasee Reoffender Act (PRR), section 775.082(8), Florida Statutes (1997),[1] applied to

Turner v. State

745 So. 2d 351, 1999 WL 718478

District Court of Appeal of Florida | Filed: Sep 9, 1999 | Docket: 1689263

Cited 15 times | Published

raises numerous constitutional challenges to section 775.082(8), Florida Statutes (1997), the Prison Releasee

Tumblin v. State

965 So. 2d 354, 2007 WL 2781173

District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1509038

Cited 14 times | Published

force or violence against an individual." See § 775.082(9)(a)1.o., Fla. Stat. (2000). Contrary to the

Brown v. Moore

800 So. 2d 223, 2001 WL 1338513

Supreme Court of Florida | Filed: Nov 1, 2001 | Docket: 1283079

Cited 14 times | Published

argues that at the time of his penalty phase, section 775.082(1), Florida Statutes (1983), provided the maximum

State v. Cotton

728 So. 2d 251, 1998 WL 879647

District Court of Appeal of Florida | Filed: Dec 18, 1998 | Docket: 1673924

Cited 14 times | Published

pursuant to the Prison Releasee Reoffender Act. See § 775.082(8)(a), Fla. Stat. (1997). The State contends that

Demeko Ladjuan Sims v. State of Florida

260 So. 3d 509

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379114

Cited 13 times | Published

sentence as a Prison Releasee Reoffender. See § 775.082(9), Fla. Stat. Sims now appeals, raising an evidentiary

State v. Hackley

95 So. 3d 92, 37 Fla. L. Weekly Supp. 441, 2012 WL 2579673, 2012 Fla. LEXIS 1316

Supreme Court of Florida | Filed: Jul 5, 2012 | Docket: 60311342

Cited 13 times | Published

as a prison releasee reoffender (PRR) under section 775.082(9)(a)1, Florida Statutes (2006). We have for

McCloud v. State

803 So. 2d 821, 2001 WL 1658281

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 1784837

Cited 13 times | Published

set forth in section 775.082, Florida Statutes. § 921.0016(1)(e) (1995). Section 775.082, Florida Statutes

Durr v. State

773 So. 2d 644, 2000 WL 1838089

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 1291978

Cited 13 times | Published

a dwelling. On appeal, Durr contends that section 775.082(8), Florida Statutes (1997), the Prison Releasee

Lewis v. State

751 So. 2d 106, 1999 WL 1267279

District Court of Appeal of Florida | Filed: Dec 30, 1999 | Docket: 1309978

Cited 13 times | Published

18, 1998, Lewis filed a motion to declare section 775.082(8), Florida Statutes (1997), the "Prison Releasee

Duke v. State

444 So. 2d 492

District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 1510701

Cited 13 times | Published

for that crime must still be imposed under section 775.082(1) to its constitutional limits. This means

Betancourt v. State

804 So. 2d 313, 2001 WL 1585050

Supreme Court of Florida | Filed: Dec 13, 2001 | Docket: 1334446

Cited 12 times | Published

statute." § 775.081(1), Fla. Stat. (1989). Section 775.082, Florida Statutes, titled "Penalties," states

Wyndel R. Hall v. Secretary, Department of Corrections

921 F.3d 983

Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2019 | Docket: 14929174

Cited 11 times | Published

171 L.Ed.2d 525 (2008) ; Fla. Stat. 775.082(2). 2 It looks like the State

Nettles v. State

850 So. 2d 487, 2003 WL 21467521

Supreme Court of Florida | Filed: Jun 26, 2003 | Docket: 1783362

Cited 11 times | Published

degree, by a term of imprisonment of 5 years. § 775.082(9)(a)3., Fla. Stat. (2000) (emphasis added). The

Rock v. State

800 So. 2d 298, 2001 WL 1334392

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 1314341

Cited 11 times | Published

Prison Releasee Reoffender *299 pursuant to section 775.082(9)(a)1, Florida Statutes (2000). Because burglary

Spann v. State

772 So. 2d 38, 2000 WL 1397934

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1435184

Cited 11 times | Published

law enforcement officer. § 784.07(2)(b). In section 775.082(8)(a)1.o, the legislature authorized increased

Spann v. State

772 So. 2d 38, 2000 WL 1397934

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1435184

Cited 11 times | Published

law enforcement officer. § 784.07(2)(b). In section 775.082(8)(a)1.o, the legislature authorized increased

Jackson v. State

744 So. 2d 466, 1999 WL 569575

District Court of Appeal of Florida | Filed: Aug 5, 1999 | Docket: 426761

Cited 11 times | Published

Prison Releasee Reoffender Punishment Act, section 775.082, Florida Statutes (1997). He contends that

Ward v. State

946 So. 2d 33, 2006 WL 3302517

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 2586653

Cited 10 times | Published

imprisonment as a prison releasee reoffender (PRR). See § 775.082(9), Fla. Stat. (2000). At the sentencing hearing

Cillo v. State

913 So. 2d 1233, 2005 WL 2990688

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1698268

Cited 10 times | Published

consecutively for a total of forty-five years, see § 775.082(3)(c), Fla. Stat. (1999). In denying Cillo's claim

FCCI Ins. Co. v. Horne

890 So. 2d 1141, 2004 WL 2826996

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1690364

Cited 10 times | Published

SCARBOROUGH, violated Florida Statute 440 and Florida Statute 775.082, and 29 U.S.C. Section 666(e), providing

State v. White

736 So. 2d 1231, 1999 WL 397020

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 2560597

Cited 10 times | Published

from the list enumerated in the statute. See § 775.082(8)(a)1, Fla. Stat. (1997). The list of qualifying

Lifred v. State

643 So. 2d 94, 1994 WL 539190

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 1492784

Cited 10 times | Published

robbery. While recognizing that Enmund involved section 775.082(1), Florida Statutes, which authorizes twenty-five

Newton v. State

603 So. 2d 558, 1992 WL 161482

District Court of Appeal of Florida | Filed: Jul 15, 1992 | Docket: 569916

Cited 10 times | Published

to the provisions of s. 921.001. Finally, section 775.082(3), Florida Statutes (1989), provides in pertinent

State of Florida v. Budry Michel

257 So. 3d 3

Supreme Court of Florida | Filed: Jul 12, 2018 | Docket: 7417581

Cited 9 times | Published

as forty years' imprisonment. See § 775.082(1)(b)1., Fla. Stat. (2017). Moreover, and importantly

LOUZON v. State

78 So. 3d 678, 2012 Fla. App. LEXIS 1043, 2012 WL 245516

District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 2357838

Cited 9 times | Published

as a prison releasee reoffender (PRR) under section 775.082(9)(a) because the record failed to reflect

Harris v. State

5 So. 3d 750, 2009 Fla. App. LEXIS 1542, 2009 WL 485039

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 692400

Cited 9 times | Published

under the prison releasee reoffender statute. § 775.082(9)(a)1.o., Fla. Stat. (2006). In affirming on

Rangel v. State

937 So. 2d 1218, 2006 WL 2683628

District Court of Appeal of Florida | Filed: Sep 20, 2006 | Docket: 228890

Cited 9 times | Published

operated by the Department of Corrections." See § 775.082(9) Fla. Stat. (2000). To attack his PRR adjudication

Brinson v. State

851 So. 2d 815, 2003 WL 21749043

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1313077

Cited 9 times | Published

interpretation of the statutory term "release," see § 775.082(8)(a)(1), Fla. Stat. (1997), we reverse and remand

State v. Miranda

793 So. 2d 1042, 2001 WL 804509

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1677968

Cited 9 times | Published

Releasee Reoffender Punishment Act ("PRRPA"), section 775.082(9)(a)(1), Florida Statutes (2000), was erroneous

Durden v. State

743 So. 2d 77, 1999 WL 675130

District Court of Appeal of Florida | Filed: Sep 1, 1999 | Docket: 1670015

Cited 9 times | Published

pocketknife is not a deadly weapon and (ii) that section 775.082, Florida Statutes (1997), the Prison Releasee

State v. Wilson

203 So. 3d 192, 2016 Fla. App. LEXIS 16224

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 60257403

Cited 8 times | Published

the defendant sentenced as a PRR pursuant to section 775.082(9), Florida Statutes (2011), and introduced

Taylor v. State

114 So. 3d 355, 2013 WL 1980710

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231872

Cited 8 times | Published

federal correctional facility for purposes of section 775.082(9)(a)(l) 1, Florida Statutes. As pointed out

McKenzie v. State

31 So. 3d 275, 2010 Fla. App. LEXIS 3902, 2010 WL 1135990

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1149533

Cited 8 times | Published

incarceration for first-degree felonies. See § 775.082(3)(b). The State also properly concedes that the

Rogers v. State

972 So. 2d 1017, 2008 WL 80211

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1650609

Cited 8 times | Published

term of imprisonment not exceeding five years. § 775.082(3)(d), Fla. Stat. Therefore, appellant's sentence

Yasin v. State

896 So. 2d 875, 2005 WL 433604

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1683592

Cited 8 times | Published

is 25 years, or the statutory maximum under section 775.082, which is 30 years in this case, or the maximum

Smith v. State

813 So. 2d 1002, 2002 WL 429077

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1403270

Cited 8 times | Published

Releasee Reoffender Punishment Act ("PRRPA"), and section 775.082(3)(a) ("10-20-Life"). The court sentenced appellant

Gordon v. State

745 So. 2d 1016, 1999 WL 817910

District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 1689241

Cited 8 times | Published

both a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997), and an habitual

Gray v. State

742 So. 2d 805, 1999 WL 461922

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 470118

Cited 8 times | Published

Gray argues that his sentence, pursuant to section 775.082(8), Florida Statutes (1997), the Prison Release

State v. OC

748 So. 2d 945, 1999 WL 731661

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504975

Cited 8 times | Published

life felony occurred after July 1, 1995. See § 775.082(3)(a)3, Fla.Stat. (1995). First-degree felonies

Arnold v. State

755 So. 2d 696, 1999 WL 565862

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1699333

Cited 8 times | Published

statute's effective date of May 30, 1997. See § 775.082(8)(a)1, Fla. Stat. *699 (1997)[1]; Ch. 97-239

In Re Jury Inst. in Criminal Cases

678 So. 2d 1224, 1996 WL 268004

Supreme Court of Florida | Filed: Aug 29, 1996 | Docket: 1470810

Cited 8 times | Published

were not amended to reflect these changes. Section 775.082(1), Florida Statutes (1993), provided: (1)

Angelo Atwell v. State of Florida

197 So. 3d 1040, 41 Fla. L. Weekly Supp. 244, 2016 WL 3010795, 2016 Fla. LEXIS 1124

Supreme Court of Florida | Filed: May 26, 2016 | Docket: 3067645

Cited 7 times | Published

eyent such person shall be punished by death. § 775.082(1), Fla. Stat. (1989).2 This statute was later

Toye v. State

133 So. 3d 540, 2014 WL 228639, 2014 Fla. App. LEXIS 535

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238802

Cited 7 times | Published

possibility of parole for the felony murders, see § 775.082(1), Fla. Stat. (2006), and to concurrent sentences

Paul v. State

129 So. 3d 1058, 2013 WL 6687247, 2013 Fla. LEXIS 670

Supreme Court of Florida | Filed: Apr 11, 2013 | Docket: 60237283

Cited 7 times | Published

felony catch-all provision of the PRR statute, section 775.082(9)(a)l.o, Florida Statutes (2001). We approve

Manuel v. State

48 So. 3d 94, 2010 Fla. App. LEXIS 16340, 2010 WL 4260096

District Court of Appeal of Florida | Filed: Oct 29, 2010 | Docket: 2397459

Cited 7 times | Published

term of years not exceeding life imprisonment," § 775.082(3)(b), Fla. Stat. (1989). The trial court chose

Gorham v. State

988 So. 2d 152, 2008 WL 2987160

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1384442

Cited 7 times | Published

occupied structure." § 775.082(9)(a)1q, Fla. Stat. (2003), and "armed burglary." § 775.082(9)(a)1p, Fla. Stat

Paul v. State

958 So. 2d 1135, 2007 WL 1827265

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1413898

Cited 7 times | Published

under the Prison Releasee Reoffender statute. § 775.082(9)(a), Fla. Stat. Section 790.19, Florida Statutes

Arrowood v. State

843 So. 2d 940, 2003 WL 1738409

District Court of Appeal of Florida | Filed: Apr 3, 2003 | Docket: 1670612

Cited 7 times | Published

and any additional offenses as provided in section 775.082. § 921.0024(2), Fla. Stat. (2000) ("The permissible

Sampson v. State

798 So. 2d 824, 2001 WL 1334373

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 1244805

Cited 7 times | Published

mandatory as a prison releasee reoffender. See § 775.082(9)(a)3 d, Fla. Stat. (2001). We must, remand this

Clark v. State

790 So. 2d 1030, 2001 WL 721043

Supreme Court of Florida | Filed: Jun 28, 2001 | Docket: 1411680

Cited 7 times | Published

released from a state correctional facility." § 775.082(8)(a)(1), Fla. Stat. (1997) (emphasis *1032 supplied)

Foresta v. State

751 So. 2d 738, 2000 WL 196645

District Court of Appeal of Florida | Filed: Feb 21, 2000 | Docket: 2570994

Cited 7 times | Published

sentenced as a prison releasee reoffender under section 775.082(8), Florida Statutes (1997), to fifteen years

Myers v. State

696 So. 2d 893, 1997 WL 348762

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 1696249

Cited 7 times | Published

appellate review." [e.s.] Next he asserts that section 775.082(3)(c), Florida Statutes (Supp.1994), prescribes

Ward v. State

558 So. 2d 166, 1990 WL 26700

District Court of Appeal of Florida | Filed: Mar 14, 1990 | Docket: 1363481

Cited 7 times | Published

not exceeding 40 years. § 775.082(3)(a), Florida Statutes (1987). Section 775.082(3)(a) has been interpreted

Pitts v. State

202 So. 3d 882, 2016 Fla. App. LEXIS 13476

District Court of Appeal of Florida | Filed: Sep 7, 2016 | Docket: 60257303

Cited 6 times | Published

receiving a mandatory life sentence under section 775.082(1), Florida Statutes (2011). Although this

Williams v. State

125 So. 3d 879, 2013 WL 1748687, 2013 Fla. App. LEXIS 6541

District Court of Appeal of Florida | Filed: Apr 24, 2013 | Docket: 60236106

Cited 6 times | Published

that holding, those courts also relied upon section 775.082(2)(d)’s accompanying legislative staff analysis:

Porter v. State

110 So. 3d 962, 2013 WL 1316430, 2013 Fla. App. LEXIS 5340

District Court of Appeal of Florida | Filed: Apr 3, 2013 | Docket: 60230532

Cited 6 times | Published

was a “danger to the community,” pursuant to section 775.082(10), Florida Statutes (2010). We disagree and

McCloud v. State

55 So. 3d 643, 2011 Fla. App. LEXIS 1563, 2011 WL 470254

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 1458755

Cited 6 times | Published

He now appeals, contending that pursuant to section 775.082(10), Florida Statutes (2009), he should have

Shaw v. State

26 So. 3d 51, 2009 Fla. App. LEXIS 20561, 2009 WL 5150083

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1116390

Cited 6 times | Published

punishment is more than a year in this state. § 775.082(9)(a)1.o., Fla. Stat. (2007). The trial court

Smith v. State

990 So. 2d 1162, 2008 WL 4146369

District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1388227

Cited 6 times | Published

a prison releasee reoffender, pursuant to section 775.082(9), Florida Statutes (2006). In order to seek

State v. Garcia

923 So. 2d 1186, 2006 WL 547193

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1745154

Cited 6 times | Published

the Prison Releasee Reoffender Act ("Act"), section 775.082(9)(a), Florida Statutes (2005). We reverse

Gurley v. State

906 So. 2d 1264, 2005 WL 1751460

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 1775523

Cited 6 times | Published

as a prison releasee reoffender pursuant to section 775.082(9), Florida Statutes (2004). On appeal Gurley

Leavitt v. State

810 So. 2d 1032, 2002 WL 377004

District Court of Appeal of Florida | Filed: Mar 12, 2002 | Docket: 2547039

Cited 6 times | Published

second-degree felonies, which is 15 years. See § 775.082(3)(c), Fla. Stat. (1999). The trial court denied

McIntyre v. State

757 So. 2d 1288, 2000 WL 690241

District Court of Appeal of Florida | Filed: May 31, 2000 | Docket: 2570748

Cited 6 times | Published

releasee reoffender under Florida Statutes, section 775.082(9) (1997); one year on Count IV and five years

Branch v. State

790 So. 2d 437, 2000 WL 289731

District Court of Appeal of Florida | Filed: Mar 21, 2000 | Docket: 1411584

Cited 6 times | Published

to have the appellant sentenced pursuant to section 775.082(8), Florida Statutes (1997), which provides

Chambers v. State

752 So. 2d 64, 2000 WL 145161

District Court of Appeal of Florida | Filed: Feb 11, 2000 | Docket: 426874

Cited 6 times | Published

sentence imposed pursuant to that statute, i.e., section 775.082(8), Florida Statutes (1997). Appellant challenges

Clark v. State

779 So. 2d 343, 2000 WL 126074

District Court of Appeal of Florida | Filed: Feb 4, 2000 | Docket: 420462

Cited 6 times | Published

under the prison releasee reoffender statute. See § 775.082(8)(a)1.o., Fla. Stat. (1997). Clark argues that

Watson v. State

749 So. 2d 556, 2000 WL 24872

District Court of Appeal of Florida | Filed: Jan 14, 2000 | Docket: 1690240

Cited 6 times | Published

the Prison Releasee Reoffender Act (Act), section 775.082(8), Florida Statutes (1997), must be reversed

Wainwright v. State

704 So. 2d 511, 1997 WL 709652

Supreme Court of Florida | Filed: Nov 13, 1997 | Docket: 1354387

Cited 6 times | Published

imposition of no mandatory minimum terms under section 775.082(1), Florida Statutes (1993), and no retention

Holloway v. State

668 So. 2d 627, 1996 WL 10775

District Court of Appeal of Florida | Filed: Jan 12, 1996 | Docket: 285862

Cited 6 times | Published

involved "life felonies" punishable under section 775.082(3)(a) of the Florida Statutes, whereas here

Kennedy v. Moree

650 So. 2d 1102, 1995 WL 71098

District Court of Appeal of Florida | Filed: Feb 23, 1995 | Docket: 1703299

Cited 6 times | Published

effect of this amendment, we must look to section 775.082, Florida Statutes (1993), which sets forth

Williams v. State

405 So. 2d 436

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 1703811

Cited 6 times | Published

04(1)(b). The terminology in question is defined by § 775.082(3), Florida Statutes, to include a felony which

Massey v. State

348 So. 2d 1244

District Court of Appeal of Florida | Filed: Aug 18, 1977 | Docket: 2590218

Cited 6 times | Published

imposing a five year sentence pursuant to Section 775.082(3)(d) Florida Statutes (1975) upon adjudicating

State of Florida v. Anthony Duwayne Horsley, Jr.

160 So. 3d 393, 40 Fla. L. Weekly Supp. 155, 2015 Fla. LEXIS 535, 2015 WL 1239284

Supreme Court of Florida | Filed: Mar 19, 2015 | Docket: 2642821

Cited 5 times | Published

183 L.Ed.2d 407 (2012), which invalidated section 775.082(l)’s mandatory iniposition of life without

Thomas v. State

135 So. 3d 590, 2014 WL 1493192, 2014 Fla. App. LEXIS 5607

District Court of Appeal of Florida | Filed: Apr 16, 2014 | Docket: 60239716

Cited 5 times | Published

statutory support in Florida’s sentencing statute, section 775.082, Florida Statutes. In short, while federal

Atwell v. State

128 So. 3d 167, 2013 WL 5988954, 2013 Fla. App. LEXIS 18019

District Court of Appeal of Florida | Filed: Nov 13, 2013 | Docket: 60237002

Cited 5 times | Published

life in prison on both counts. Pursuant to section 775.082(1), Florida Statutes (1989), appellant’s conviction

Smart v. State

124 So. 3d 347, 2013 WL 5663185, 2013 Fla. App. LEXIS 16638

District Court of Appeal of Florida | Filed: Oct 18, 2013 | Docket: 60235454

Cited 5 times | Published

felony. This designation was not based on section 775.082(3)(b), Florida Statutes (1983), but rather

Dinkines v. State

122 So. 3d 477, 2013 WL 5334456, 2013 Fla. App. LEXIS 15118

District Court of Appeal of Florida | Filed: Sep 25, 2013 | Docket: 60234699

Cited 5 times | Published

Defendant. Dinkines appeals her sentence. Section 775.082(10), Florida Statutes (2010), adopted in 2009

Frison v. State

76 So. 3d 1103, 2011 Fla. App. LEXIS 20893, 2011 WL 6843010

District Court of Appeal of Florida | Filed: Dec 30, 2011 | Docket: 89054

Cited 5 times | Published

in s. 775.082, s. 775.083, or s. 775.084. Section 775.082(3), Florida Statutes (1987) states in pertinent

Dempsey v. State

72 So. 3d 258, 2011 Fla. App. LEXIS 16081, 2011 WL 4809040

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2354166

Cited 5 times | Published

was a "prison releasee reoffender." Under section 775.082(9), Florida Statutes, a defendant who qualifies

Flowers v. State

69 So. 3d 1042, 2011 Fla. App. LEXIS 14656, 2011 WL 4104995

District Court of Appeal of Florida | Filed: Sep 16, 2011 | Docket: 2357729

Cited 5 times | Published

sentence for that offense is thirty years under section 775.082(3)(b)-(c). 48 So.3d at 742. The supreme court

Boardman v. State

69 So. 3d 367, 2011 Fla. App. LEXIS 14229, 2011 WL 3962905

District Court of Appeal of Florida | Filed: Sep 9, 2011 | Docket: 2357669

Cited 5 times | Published

did not exceed the statutory maximum under section 775.082, Florida Statutes (1997)); McCloud v. State

Pleas v. State

41 So. 3d 980, 2010 Fla. App. LEXIS 11098, 2010 WL 2976931

District Court of Appeal of Florida | Filed: Jul 30, 2010 | Docket: 2529058

Cited 5 times | Published

before the effective date of the PRR statute (§ 775.082(9)(a)(1), Fla. Stat.), it cannot be used to enhance

Wooden v. State

42 So. 3d 837, 2010 Fla. App. LEXIS 10805, 2010 WL 2867103

District Court of Appeal of Florida | Filed: Jul 23, 2010 | Docket: 812688

Cited 5 times | Published

to a sentence not to exceed thirty years. See § 775.082(3)(b), Fla. Stat. (2006). Because the jury found

Dunbar v. State

35 So. 3d 54, 2010 Fla. App. LEXIS 5972, 2010 WL 1726185

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1646417

Cited 5 times | Published

State, 460 So.2d 373, 374 (Fla.1984); see also § 775.082(3)(b), Fla. Stat. (2009). The concurrent forty-year

State v. Williams

9 So. 3d 658, 2009 Fla. App. LEXIS 2941, 2009 WL 838274

District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1221972

Cited 5 times | Published

battery charge under the catch-all provision of section 775.082(9)(a)1.(o), Florida Statutes (2005). That provision

Thomas v. State

983 So. 2d 746, 2008 WL 2356416

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1756206

Cited 5 times | Published

physical force or violence against an individual." § 775.082(9)(a)1., Fla. Stat. (2002). We reversed the PRR

Bodie v. State

983 So. 2d 1196, 2008 WL 1914634

District Court of Appeal of Florida | Filed: May 2, 2008 | Docket: 1756468

Cited 5 times | Published

improperly sentenced as a prison releasee reoffender, § 775.082(9), Fla. Stat. (2001). On this point he is correct

Hurry v. State

978 So. 2d 854, 2008 WL 916887

District Court of Appeal of Florida | Filed: Apr 7, 2008 | Docket: 2584031

Cited 5 times | Published

fifteen years imprisonment. See § 784.045(2), and § 775.082(3)(c), Fla. Stat. However, the appellant's offense

Austin v. State

968 So. 2d 1049, 2007 WL 4207791

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1497646

Cited 5 times | Published

PLEUS and TORPY, JJ., concur. NOTES [1] See § 775.082(9)(a)3-b, 775.082(9)(b) Fla. Stat. (2005). [2]

Collazo v. State

966 So. 2d 429, 2007 WL 2480987

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1678934

Cited 5 times | Published

convicted of a second degree felony and under section 775.082(3)(c), the statutory maximum sentence is fifteen

McDuffie v. State

946 So. 2d 99, 2006 WL 3821849

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 1771130

Cited 5 times | Published

years not exceeding life or as provided in section 775.082. Therefore, the postconviction court found

JIS v. State

930 So. 2d 587, 2006 WL 1278439

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 1468934

Cited 5 times | Published

for an offense is prescribed by statute. See § 775.082, Fla. Stat. (2005). Section 985.231(1)(d), Florida

Moss v. State

925 So. 2d 1131, 2006 Fla. App. LEXIS 5609, 2006 WL 1098260

District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 64843713

Cited 5 times | Published

statutory maximum sentence as provided in section 775.082, the sentence required by the Code must be

Adams v. State

901 So. 2d 275, 2005 WL 991672

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1215967

Cited 5 times | Published

[3] It is punishable at a maximum of 30 years. § 775.082(3)(b), Fla. Stat. The state concedes that if Adams

Smith v. State

891 So. 2d 1133, 2005 WL 53241

District Court of Appeal of Florida | Filed: Jan 12, 2005 | Docket: 452255

Cited 5 times | Published

under the Prison Releasee Reoffender Act. Section 775.082(9)(a)1g, Florida Statutes (2002) of the Act

Glover v. State

871 So. 2d 1025, 2004 WL 913246

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 2578596

Cited 5 times | Published

requirement for sentencing pursuant to the PRR Act. See § 775.082(9), Fla. Stat. (2000); see also Sinclair v. State

Isaac v. State

826 So. 2d 396, 2002 WL 1610235

District Court of Appeal of Florida | Filed: Jul 23, 2002 | Docket: 2559197

Cited 5 times | Published

exceed the statutory maximum permitted by section 775.082, Florida Statutes. See Lee v. State, 808 So

State v. Eldredge

801 So. 2d 965, 2001 WL 1472806

District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1744869

Cited 5 times | Published

a PRR for the burglary of a dwelling charge. § 775.082(9)(a)(1), Fla. Stat. (1997). According to the

Oberst v. State

796 So. 2d 1263, 2001 WL 1230747

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 1249774

Cited 5 times | Published

separate sentencing provision contained in section 775.082(9), Florida Statutes (1997). The court relied

Stabile v. State

790 So. 2d 1235, 2001 WL 904210

District Court of Appeal of Florida | Filed: Aug 10, 2001 | Docket: 1734451

Cited 5 times | Published

Releasee Reoffender Act is fairly limited. Section 775.082(9)(d) provides that it is the intent of the

Gilson v. State

795 So. 2d 105, 2001 WL 864260

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1673204

Cited 5 times | Published

maximum sentence of fifteen years in prison. See § 775.082(3)(c) Fla. Stat. (1999). The verdict the jury

Rodriguez v. State

773 So. 2d 1222, 2000 WL 1816833

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1291714

Cited 5 times | Published

and under the Prisoner Releasee Reoffender Act, § 775.082(9), Fla. Stat. (Supp.1998)[PRR]. Because the offenses

Howell v. State

764 So. 2d 780, 2000 WL 987003

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 175512

Cited 5 times | Published

murder, a felony of the second degree.[2]See § 775.082(8)(a)2 c, Fla. Stat. (1997) (providing that the

Cook v. State

737 So. 2d 569, 1999 WL 375563

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 1075037

Cited 5 times | Published

mandatory term of life imprisonment pursuant to section 775.082(8), Florida Statutes (1997), the Prison Releasee

State v. Wise

744 So. 2d 1035, 1999 WL 123568

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 1721415

Cited 5 times | Published

as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997), which became effective

House v. State

696 So. 2d 515, 1997 WL 373830

District Court of Appeal of Florida | Filed: Jul 8, 1997 | Docket: 1326020

Cited 5 times | Published

probation where a guidelines sentence under section 775.082 was originally imposed. King, 681 So.2d at

Starks v. State

128 So. 3d 91, 2013 WL 5225311, 2013 Fla. App. LEXIS 14839

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60237212

Cited 4 times | Published

Statutes (2000), because of his use of a firearm. Section 775.082(3)(a)(3) provides that a life felony is to

Wilkes v. State

123 So. 3d 632, 2013 WL 4822010, 2013 Fla. App. LEXIS 14452

District Court of Appeal of Florida | Filed: Sep 11, 2013 | Docket: 60235129

Cited 4 times | Published

qualify him for an enhanced sentence under section 775.082(9)(a), Florida Statutes (2012) (the “PRR statute”)

Horsley v. State

121 So. 3d 1130, 2013 Fla. App. LEXIS 13926, 2013 WL 4605664

District Court of Appeal of Florida | Filed: Aug 30, 2013 | Docket: 60234330

Cited 4 times | Published

by juveniles — the only sentence allowed by section 775.082(1), Florida Statutes — violated the Eighth

Wiley v. State

125 So. 3d 235, 2013 WL 692412, 2013 Fla. App. LEXIS 3197

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60235803

Cited 4 times | Published

exceeds the statutory maximum provided for in section 775.082.” Mendenhall v. State, 48 So.3d 740, 742 (Fla

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

705 F.3d 1284, 2013 WL 221459, 2013 U.S. App. LEXIS 1457

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 890400

Cited 4 times | Published

punishable as provided in [Fla. Stat. §] 775.082.” Section 775.082 states, in pertinent part: A person

Washington v. State

103 So. 3d 917, 2012 Fla. App. LEXIS 19119, 2012 WL 5382184

District Court of Appeal of Florida | Filed: Nov 5, 2012 | Docket: 60227253

Cited 4 times | Published

(abolishing parole for noncapital felonies); § 775.082, Fla. Stat. (1997) (abolishing parole for capital

Cassista v. State

57 So. 3d 265, 2011 Fla. App. LEXIS 3984, 2011 WL 1080131

District Court of Appeal of Florida | Filed: Mar 25, 2011 | Docket: 60298987

Cited 4 times | Published

a Prison Releasee Reoffender (“PRR”) under section 775.082(9)(a)1., Florida Statutes (2006), because he

Jackson v. State

29 So. 3d 1152, 2010 Fla. App. LEXIS 903, 2010 WL 366616

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1643010

Cited 4 times | Published

life or a term of years not to exceed forty. § 775.082(3)(a). Thus, the 100-year sentence is illegal

Lamb v. State

32 So. 3d 117, 2009 Fla. App. LEXIS 16879, 2009 WL 3787321

District Court of Appeal of Florida | Filed: Nov 13, 2009 | Docket: 689043

Cited 4 times | Published

prison releasee reoffender (PRR) sentence under section 775.082(9)(a)(1), Florida Statutes (2006), on the false

Cunningham v. State

22 So. 3d 127, 2009 Fla. App. LEXIS 16370, 2009 WL 3617920

District Court of Appeal of Florida | Filed: Nov 4, 2009 | Docket: 60267014

Cited 4 times | Published

by no more than fifteen years in prison. See § 775.082(3)(c), Fla. Stat. (2002). At the hearing on the

Brown v. State

13 So. 3d 1087, 2009 Fla. App. LEXIS 8591, 2009 WL 1874028

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 2564417

Cited 4 times | Published

Year Minimum Mandatory)" in accordance with section 775.082(1), Florida Statutes (1987), which provides:

Brown v. State

983 So. 2d 706, 2008 WL 2309045

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 455246

Cited 4 times | Published

incarceration for a first-degree felony. See § 775.082(3)(b), Fla. Stat. (2001). Because the jury found

Thomas v. State

932 So. 2d 1221, 2006 WL 1864471

District Court of Appeal of Florida | Filed: Jul 7, 2006 | Docket: 1285546

Cited 4 times | Published

term authorized for a second-degree felony by section 775.082(3)(c). The trial court denied Thomas's motion

Johnson v. State

927 So. 2d 251, 2006 WL 1196466

District Court of Appeal of Florida | Filed: May 5, 2006 | Docket: 2532126

Cited 4 times | Published

Prison Releasee Reoffender Punishment Act (PRR), § 775.082(9)(a), Fla. Stat. (1999). We reverse and remand

Byers v. State

916 So. 2d 923, 2005 WL 3159607

District Court of Appeal of Florida | Filed: Nov 29, 2005 | Docket: 193639

Cited 4 times | Published

imprisonment for a second-degree felony. See § 775.082, Fla. Stat. (2002). Furthermore, the trial court

State v. Dehart

913 So. 2d 616, 2005 WL 711693

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 1241106

Cited 4 times | Published

to sentence Mr. Dehart in accordance with section 775.082(9)(a)(3)(c), and its later decision to strike

Akers v. State

890 So. 2d 1257, 2005 WL 119474

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1288990

Cited 4 times | Published

state." § 775.082(9)(a)1.o., Fla. Stat. (2002). The Prison Releasee Reoffender Act, section 775.082(9), Florida

Rodriguez v. State

883 So. 2d 908, 2004 WL 2236568

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 1370070

Cited 4 times | Published

mandatory, as a prison releasee reoffender (PRR). See § 775.082(9), Fla. Stat. (2001). Because each offense was

Tilley v. State

871 So. 2d 294, 2004 WL 588224

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 1106721

Cited 4 times | Published

probation) on each count is an illegal sentence. See § 775.082(3)(c), Fla. Stat. (1994). For that reason, we

Lopez v. State

864 So. 2d 1151, 2003 WL 23094766

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 1425722

Cited 4 times | Published

murder is not an enumerated offense under section 775.082(8), Florida Statutes (1997), the PRR statute

Hill v. State

862 So. 2d 815, 2003 WL 22850129

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 2537339

Cited 4 times | Published

Prison Releasee Reoffender Punishment Act in section 775.082(9)(a)3 of the Florida Statutes ("PRRPA"). The

Scott v. State

842 So. 2d 1054, 2003 WL 1916753

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 2546616

Cited 4 times | Published

as a Prison Releasee Reoffender pursuant to section 775.082(9)(a)3, Florida Statutes ("PRRPA"). Appellant

Scott v. State

842 So. 2d 1054, 2003 WL 1916753

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 2546616

Cited 4 times | Published

as a Prison Releasee Reoffender pursuant to section 775.082(9)(a)3, Florida Statutes ("PRRPA"). Appellant

State v. Smith

832 So. 2d 249, 2002 WL 31729016

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1335732

Cited 4 times | Published

mandatory PRR sentence requirement found in section 775.082(d), Florida Statutes, which provides: It is

Phillips v. State

834 So. 2d 272, 2002 WL 31728455

District Court of Appeal of Florida | Filed: Dec 6, 2002 | Docket: 1328764

Cited 4 times | Published

incarceration as a PRR pursuant to the provisions of section 775.082(9), Florida Statutes (2000). Following the

Tolbert v. State

827 So. 2d 278, 2002 WL 1877029

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 1726459

Cited 4 times | Published

the Prison Releasee Reoffender Punishment Act. § 775.082(8), Fla. Stat. (1997). Tolbert requested the trial

Irons v. State

791 So. 2d 1221, 2001 WL 929879

District Court of Appeal of Florida | Filed: Aug 17, 2001 | Docket: 1655846

Cited 4 times | Published

the two contradictory directives of the Act. Section 775.082(8)(a)(2) provides that a defendant who is a

State v. Wilson

793 So. 2d 1003, 26 Fla. L. Weekly Fed. D 1573

District Court of Appeal of Florida | Filed: Jun 20, 2001 | Docket: 1267060

Cited 4 times | Published

reoffender and was sentenced as such pursuant to section 775.082(8), Florida Statutes (1997). In each case,

Wencel v. State

768 So. 2d 494, 2000 WL 1190738

District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 1127323

Cited 4 times | Published

pursuant to the Prison Release Reoffender Act, section 775.082(8)(a)1, Florida Statutes, (1997)[1], to life

Smith v. State

753 So. 2d 703, 2000 WL 282332

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1433767

Cited 4 times | Published

punishment (a thirty-year term in prison) under section 775.082(8), Florida Statutes (1997). He argues on appeal

Mills v. State

642 So. 2d 15, 1994 WL 386515

District Court of Appeal of Florida | Filed: Jul 27, 1994 | Docket: 549311

Cited 4 times | Published

this court concerning the interplay between section 775.082(3)(b) and statutes which specifically permit

Rusaw v. State

429 So. 2d 1378

District Court of Appeal of Florida | Filed: Apr 29, 1983 | Docket: 1221853

Cited 4 times | Published

committed a capital felony punishable according to section 775.082, Florida Statutes (1981). That section provides:

State of Florida v. Dazarian Cordell Lewars

259 So. 3d 793

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402524

Cited 3 times | Published

of "prison releasee reoffender" provided in section 775.082(9)(a)1., Florida Statutes (2012). The part

Cortez Hatten v. State of Florida

203 So. 3d 142, 41 Fla. L. Weekly Supp. 352, 2016 Fla. LEXIS 1910

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416255

Cited 3 times | Published

Id. But for the 10-20-Life statute, section 775.082, Florida Statutes, provides the statutory máximums

Kelsey v. State

183 So. 3d 439, 2015 Fla. App. LEXIS 8285, 2015 WL 3447138

District Court of Appeal of Florida | Filed: May 29, 2015 | Docket: 60253011

Cited 3 times | Published

sentences and remand for resentencing under section 775.082(3)(c), Florida Statutes, in light of the Florida

Hatten v. State

152 So. 3d 849, 2014 Fla. App. LEXIS 20451, 2014 WL 7261284

District Court of Appeal of Florida | Filed: Dec 16, 2014 | Docket: 60245002

Cited 3 times | Published

maximum penalty for a first degree felony under section 775.082(3)(b). The twenty-five year to life minimum

Ellis v. State

135 So. 3d 478, 2014 WL 1133312, 2014 Fla. App. LEXIS 4220

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239652

Cited 3 times | Published

Department of Corrections or a private vendor. § 775.082, Fla. Stat. (1997). This court has held that the

Lawton v. State

109 So. 3d 825, 2013 WL 811661, 2013 Fla. App. LEXIS 3500

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229812

Cited 3 times | Published

years before becoming eligible for parole. ...” § 775.082, Fla. Stat. (1987). Attempted first-degree murder

Partlow v. State

134 So. 3d 1027, 2013 WL 45743, 2013 Fla. App. LEXIS 78

District Court of Appeal of Florida | Filed: Jan 4, 2013 | Docket: 60238999

Cited 3 times | Published

one available for juvenile offenders under section 775.082(1), Florida Statutes. Because Miller has now

Jacques v. State

95 So. 3d 419, 2012 WL 3316652, 2012 Fla. App. LEXIS 13475

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311229

Cited 3 times | Published

imprisonment not exceeding thirty years. See § 775.082(3)(b), Fla. Stat. (2012); § 893.135(1)(b)1, Fla

Brooks v. State

93 So. 3d 402, 2012 WL 2471095, 2012 Fla. App. LEXIS 10589

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310572

Cited 3 times | Published

qualifying offense for PRR sentencing under section 775.082, Florida Statutes (2010). We hold that the

Clussman v. State

89 So. 3d 1093, 2012 WL 2122700, 2012 Fla. App. LEXIS 9465

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60308544

Cited 3 times | Published

legally imposed for a third-degree felony. See § 775.082(3)(d), Fla. Stat. (2010). The state concedes error

Ketterer v. State

69 So. 3d 1016, 2011 Fla. App. LEXIS 14559, 2011 WL 4056195

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 2353705

Cited 3 times | Published

because it imposes an impermissible time period. § 775.082(9)(a)3.d., Fla. Stat. (2008). Reversed and remanded

Vantine v. State

66 So. 3d 350, 2011 Fla. App. LEXIS 10508, 2011 WL 2624431

District Court of Appeal of Florida | Filed: Jul 6, 2011 | Docket: 2362226

Cited 3 times | Published

that carry fifteen-year maximum sentences. See § 775.082(3)(c), Fla. Stat. (2006); § 810.02(3)(b). However

Young v. State

37 So. 3d 389, 2010 Fla. App. LEXIS 8783, 2010 WL 2425955

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 1668789

Cited 3 times | Published

stated, *391 "Paragraph (b) indicates that section 775.082(9) dictates a minimum sentence or sentencing

Campbell v. State

29 So. 3d 1147, 2010 Fla. App. LEXIS 580, 2010 WL 325898

District Court of Appeal of Florida | Filed: Jan 29, 2010 | Docket: 1642793

Cited 3 times | Published

effect at the time of the defendant's offense, section 775.082, Florida Statutes (2005), provides in pertinent

Moore v. State

17 So. 3d 878, 2009 Fla. App. LEXIS 13575, 2009 WL 2913911

District Court of Appeal of Florida | Filed: Sep 14, 2009 | Docket: 2506835

Cited 3 times | Published

maximum he could receive for the offense. See § 775.082(3)(c), Fla. Stat. (2008) (a second-degree felony

GEFTOS v. State

12 So. 3d 910, 2009 Fla. App. LEXIS 9163, 2009 WL 1940468

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 1647168

Cited 3 times | Published

eluding is not designated as a predicate crime. § 775.082(9)(a), Fla. Stat. (2008). The State argues that

Williams v. State

2 So. 3d 984, 2008 Fla. App. LEXIS 16553, 2008 WL 4757331

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 482876

Cited 3 times | Published

Releasee Reoffender (PRR) sentencing under section 775.082, Florida Statutes (2005). Specifically, Williams

Sousa v. State

976 So. 2d 639, 2008 WL 612346

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 1679748

Cited 3 times | Published

sentencing enhancement, is thirty years' imprisonment. § 775.082(3)(b). Because Mr. Sousa clearly discharged his

McDonald v. State

912 So. 2d 74, 2005 WL 2373908

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1755706

Cited 3 times | Published

are enumerated offenses under the PRR statute. § 775.082(9)(a)1, Fla. Stat. (2000). The trial court imposed

Frazier v. State

877 So. 2d 838, 2004 WL 1506160

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1684428

Cited 3 times | Published

1st DCA 2000), the court stated: [B]ecause "section 775.082(8)(c) only authorizes the court to deviate

Downs v. Crosby

874 So. 2d 648, 2004 WL 868212

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 1473814

Cited 3 times | Published

retroactive application of an amendment to section 775.082(9)(a)(1), Florida Statutes, violated the Ex

Jones v. State

861 So. 2d 1261, 2003 WL 22956417

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 1514170

Cited 3 times | Published

him a prison releasee reoffender pursuant to section 775.082(9)(a)(3), Florida Statutes. He contends doing

Brady v. State

839 So. 2d 836, 2003 WL 729036

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 2588930

Cited 3 times | Published

erred in dually sentencing Brady under both section 775.082(9)(a), Florida Statutes (2001), the Prison

Moore v. State

831 So. 2d 1237, 2002 WL 31769196

District Court of Appeal of Florida | Filed: Dec 12, 2002 | Docket: 2560855

Cited 3 times | Published

as a Prison Releasee Reoffender pursuant to section 775.082(9)(a), Florida Statutes (1999). We reverse

State v. Crenshaw

792 So. 2d 582, 2001 WL 883121

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 2534476

Cited 3 times | Published

Crenshaw's qualifications to be sentenced under such. § 775.082, Fla. Stat. (1997). We reverse. In State v. Cotton

Jefferson v. State

826 So. 2d 1006, 2001 WL 37801

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 1662487

Cited 3 times | Published

is improper. The life felony was added to section 775.082(4)(b)1, Florida Statutes (1995), by chapter

Knight v. State

791 So. 2d 490, 2000 WL 305324

District Court of Appeal of Florida | Filed: Aug 22, 2000 | Docket: 1229119

Cited 3 times | Published

RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Stewart v. State

790 So. 2d 440, 2000 WL 294423

District Court of Appeal of Florida | Filed: Mar 21, 2000 | Docket: 1734513

Cited 3 times | Published

we reverse the trial court's order finding section 775.082(8), Florida Statutes (1997), the Prison Releasee

Belt v. State

748 So. 2d 386, 2000 Fla. App. LEXIS 432, 2000 WL 45665

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 64793846

Cited 3 times | Published

the first degree, punishable as provided in section 775.082 or section 775.083.(b) a second or subsequent

Crump v. State

746 So. 2d 558, 1999 WL 1136654

District Court of Appeal of Florida | Filed: Dec 14, 1999 | Docket: 1714970

Cited 3 times | Published

challenges his sentences imposed pursuant to section 775.082(8), Florida Statutes (1997), the "Prison Releasee

Gonzales v. State

762 So. 2d 920, 1999 WL 817825

District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 469864

Cited 3 times | Published

Prison Release Reoffender Punishment Act. See § 775.082(8)(a), Fla. Stat. (1997); ch. 97-239, §§ 1-3,

Richardson v. State

748 So. 2d 1042, 1999 WL 619353

District Court of Appeal of Florida | Filed: Oct 8, 1999 | Docket: 470111

Cited 3 times | Published

pursuant to the Prison Releasee Reoffender Act, section 775.082(8)(a), Florida Statutes. He contends that the

Thomas v. State

741 So. 2d 1246, 1999 WL 790652

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 1409694

Cited 3 times | Published

burglary. Thomas was sentenced pursuant to section 775.082(8)(a), Florida Statutes (1997). This statute

State v. O.C.

748 So. 2d 945, 24 Fla. L. Weekly Supp. 425, 1999 Fla. LEXIS 1558

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 64794006

Cited 3 times | Published

life felony occurred after July 1, 1995. See § 775.082(3)(a)3, Fla.Stat. (1995). First-degree felonies

State v. Litton

736 So. 2d 91, 1999 WL 371382

District Court of Appeal of Florida | Filed: Jun 9, 1999 | Docket: 1418712

Cited 3 times | Published

whether the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997),[1] applied to

Russell v. State

676 So. 2d 1026, 1996 WL 346919

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1692937

Cited 3 times | Published

contrary is the explicit legislative intent. Section 775.082, Florida Statutes, establishes legal maximum

Laverne Brown v. State of Florida

260 So. 3d 147

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 8439934

Cited 2 times | Published

the Fifth District expressly declared valid section 775.082(10), Florida Statutes (2015), which requires

Adam Lloyd Shepard v. State of Florida

259 So. 3d 701

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119866

Cited 2 times | Published

deemed appropriate by the Legislature under section 775.082, Florida Statutes (2018). Indeed, in this case

STATE OF FLORIDA v. CHESTER RALPH KWITOWSKI, JR.

250 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225311

Cited 2 times | Published

nature of the offense and when it was committed. § 775.082(3)(a). First-degree

RONNIE TRAY ATMORE v. STATE OF FLORIDA

242 So. 3d 1201

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 6356568

Cited 2 times | Published

five years in prison for a third-degree felony. § 775.082(9)(a)(3)(d). A trial court may impose a single

Aramis Donell Ayala, etc. v. Rick Scott, Governor

224 So. 3d 755, 42 Fla. L. Weekly Supp. 766, 2017 Fla. LEXIS 1770, 2017 WL 3774788

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146157

Cited 2 times | Published

prosecutions. See § 921.141(1), Fla. Stat. (2017); § 775.082(l)(a), Fla. Stat. (2017). Florida’s capital sentencing

Woods v. State

214 So. 3d 803, 2017 WL 1438510, 2017 Fla. App. LEXIS 5665

District Court of Appeal of Florida | Filed: Apr 24, 2017 | Docket: 60264262

Cited 2 times | Published

the trial court’s determination pursuant to section 775.082(10), Florida Statutes, that sentencing appellant

Sheffield v. State

214 So. 3d 763, 2017 WL 1093191, 2017 Fla. App. LEXIS 3826

District Court of Appeal of Florida | Filed: Mar 23, 2017 | Docket: 60264231

Cited 2 times | Published

not governed by the sentencing guidelines. See § 775.082(8)(a)2., Fla. Stat. (1997) (providing that “[u]pon

Knight v. State

213 So. 3d 1019, 2017 WL 672131, 2017 Fla. App. LEXIS 2285

District Court of Appeal of Florida | Filed: Feb 21, 2017 | Docket: 60263437

Cited 2 times | Published

potential thirty-year sentence if convicted. See § 775.082(3)(b)(l), Fla. Stat. (2015). Although Knight’s

Donald Otis Williams v. State of Florida

209 So. 3d 543, 42 Fla. L. Weekly Supp. 5, 2017 Fla. LEXIS 126

Supreme Court of Florida | Filed: Jan 19, 2017 | Docket: 4570210

Cited 2 times | Published

remanding for imposition of a life sentence. See § 775.082(2), Fla. Stat. (2016). As I explained fully in

John F. Mosley v. State of Florida & SC14-2108 John F. Mosley v. Julie L. Jones, etc.

209 So. 3d 1248

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556946

Cited 2 times | Published

remanding for imposition of a life sentence. See § 775.082(2), Fla. Stat. (2016). As I explained fully in

Smith v. State

205 So. 3d 820, 2016 Fla. App. LEXIS 17233

District Court of Appeal of Florida | Filed: Nov 18, 2016 | Docket: 4540926

Cited 2 times | Published

to be a danger to the public. See § 775.082(10), Fla. Stat. (2013). At his sentencing hearing

Adams v. State

197 So. 3d 641, 2016 Fla. App. LEXIS 12563, 2016 WL 4396055

District Court of Appeal of Florida | Filed: Aug 18, 2016 | Docket: 60256321

Cited 2 times | Published

assigned 14.8 total sentencing points. Under section 775.082(10), Florida Statutes: If a defendant is sentenced

Maxwell Leon v. State

190 So. 3d 243, 2016 WL 2595981, 2016 Fla. App. LEXIS 6978

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063752

Cited 2 times | Published

term of 25 years’ imprisonment. See § 775.082(3)(a)4.a„ Fla. Stat. (2003); Rochester v

Barnes v. State

175 So. 3d 380, 2015 WL 4366591, 2015 Fla. App. LEXIS 14104

District Court of Appeal of Florida | Filed: Sep 25, 2015 | Docket: 60250561

Cited 2 times | Published

sections 775.082 and 921.1402, Florida Statutes. Section 775.082(3)(c) provides, in relevant part, the following:

Rebecca Lee Falcon v. State of Florida

162 So. 3d 954, 40 Fla. L. Weekly Supp. 151, 2015 Fla. LEXIS 534, 2015 WL 1239365

Supreme Court of Florida | Filed: Mar 19, 2015 | Docket: 2642823

Cited 2 times | Published

the relevant Florida statute then in effect, section 775.082(1), Florida Statutes (1997), Falcon’s sentence

Kemar Rochester v. State of Florida

140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 795955

Cited 2 times | Published

defendant to serve a minimum sentence day-for-day, section 775.082(3)(a)4., Florida Statutes (2008), does not

Gomez v. State

137 So. 3d 1037, 2014 WL 626619, 2014 Fla. App. LEXIS 2248

District Court of Appeal of Florida | Filed: Feb 19, 2014 | Docket: 60240141

Cited 2 times | Published

the indictment for first degree murder under section 775.082(1), Florida Statutes (1981), provides that

Copeland v. State

129 So. 3d 508, 2014 WL 210454, 2014 Fla. App. LEXIS 518

District Court of Appeal of Florida | Filed: Jan 17, 2014 | Docket: 60237432

Cited 2 times | Published

without the possibility of parole pursuant to section 775.082, Florida Statutes (2012). Copeland was convicted

Scott v. State

109 So. 3d 866, 2013 WL 950380, 2013 Fla. App. LEXIS 3927

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60229830

Cited 2 times | Published

imposition of a mandatory life sentence. See § 775.082(9)(a)3.a„ Fla. Stat. (2007) (mandating that a

Walling v. State

105 So. 3d 660, 2013 WL 335929, 2013 Fla. App. LEXIS 1384

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227958

Cited 2 times | Published

the possibility of parole for 25 years. See, § 775.082(1), Fla. Stat. (1993). I again agree with Judge

Rochester v. State

95 So. 3d 407, 2012 WL 3192726, 2012 Fla. App. LEXIS 13202

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311213

Cited 2 times | Published

to grant a departure sentence. Pursuant to section 775.082(3)(a)4., Florida Statutes (2007), the trial

Cotto v. State

89 So. 3d 1025, 2012 WL 1934438, 2012 Fla. App. LEXIS 8621

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308484

Cited 2 times | Published

excess of the statutory máxi-mums set forth in section 775.082, Florida Statutes. The habitual offender statute

Thompson v. State

79 So. 3d 208, 2012 WL 414005, 2012 Fla. App. LEXIS 1942

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 430618

Cited 2 times | Published

statutory maximum for third-degree felonies under section 775.082(3)(d), Florida Statutes (2001), and that it

Goldberg v. State

76 So. 3d 1072, 2011 Fla. App. LEXIS 20495, 2011 WL 6438868

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 688394

Cited 2 times | Published

present a danger to the public. We reverse. Section 775.082(10), Florida Statutes (2009) provides: If a

Calandra v. State

64 So. 3d 156, 2011 Fla. App. LEXIS 9631, 2011 WL 2462593

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 511057

Cited 2 times | Published

years, he will become eligible for parole. See § 775.082(1), Fla. Stat. (1991) (providing that "[a] person

Landry v. State

61 So. 3d 1160, 2011 Fla. App. LEXIS 5361, 2011 WL 1431533

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 2361705

Cited 2 times | Published

forty-two year sentence was a legal one under section 775.082(3)(a), Florida Statutes (1989), for a first-degree

McLeod v. State

52 So. 3d 784, 2010 Fla. App. LEXIS 20130, 2010 WL 5391473

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 2408038

Cited 2 times | Published

carries a maximum sentence of 30 years under section 775.082(3)(b) of the Florida Statutes (2007). We agree

Lavrrick v. State

45 So. 3d 893, 2010 Fla. App. LEXIS 13610, 2010 WL 3564702

District Court of Appeal of Florida | Filed: Sep 15, 2010 | Docket: 1320547

Cited 2 times | Published

statutorily authorized sentences to life in prison, see § 775.082, Fla. Stat. (2005), imposed for those offenses

Hankins v. State

42 So. 3d 871, 2010 Fla. App. LEXIS 12169, 2010 WL 3239003

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1148130

Cited 2 times | Published

in Florida. III. The Florida PRR Statute Section 775.082(9)(a), Florida Statutes (2002), establishes

Levy v. State

36 So. 3d 934, 2010 Fla. App. LEXIS 8718, 2010 WL 2468093

District Court of Appeal of Florida | Filed: Jun 18, 2010 | Docket: 60294509

Cited 2 times | Published

is punishable by up to only one year in jail, § 775.082(4)(a), Levy must be resentenced. After a jury

Esquivel v. State

30 So. 3d 709, 2010 Fla. App. LEXIS 4188, 2010 WL 1222952

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1498226

Cited 2 times | Published

of imprisonment of no more than one year. See § 775.082(4)(a), Fla. Stat. (2007). Affirmed in part, reversed

Davis v. State

20 So. 3d 1024, 2009 Fla. App. LEXIS 16843, 2009 WL 3763052

District Court of Appeal of Florida | Filed: Nov 12, 2009 | Docket: 244214

Cited 2 times | Published

imprisonment is not an enumerated felony listed in section 775.082(9)(a)1., Florida Statutes (2004). He thus asked

Mosquera v. State

16 So. 3d 255, 2009 Fla. App. LEXIS 11582, 2009 WL 2517030

District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 437589

Cited 2 times | Published

imprisonment was improperly designated as a PRR. Section 775.082(9)(a) provides that certain enumerated offenses

Slocum v. State

7 So. 3d 574, 2009 Fla. App. LEXIS 1703, 2009 WL 528779

District Court of Appeal of Florida | Filed: Mar 4, 2009 | Docket: 1654859

Cited 2 times | Published

qualifying offense for PRR sentencing under section 775.082(9)(a)1, Florida Statutes (2005). We agree and

Whitley v. State

1 So. 3d 414, 2009 Fla. App. LEXIS 1091, 2009 WL 331004

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 1174047

Cited 2 times | Published

sought to have Appellant classified as a PRR. See § 775.082(9)(a)1, Fla. Stat. (2007). To justify this classification

Daniels v. State

31 So. 3d 190, 2009 Fla. App. LEXIS 998, 2009 WL 290504

District Court of Appeal of Florida | Filed: Feb 9, 2009 | Docket: 1647762

Cited 2 times | Published

incarceration" under the habitual felony offender statute. § 775.082(9)(c), Fla. Stat. (1999) (emphasis added). "[B]ecause

Prince v. State

989 So. 2d 755, 2008 WL 4182738

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1665696

Cited 2 times | Published

prison releasee reoffender (PRR) pursuant to section 775.082(9), Florida Statutes (2006). In support of

Ward v. State

965 So. 2d 308, 2007 WL 2710748

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1508986

Cited 2 times | Published

qualifying offense under the PRR statute. See § 775.082(9)(a)1q, Fla. Stat. (2002). To establish that

Brookens v. State

963 So. 2d 901, 2007 WL 2402991

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 2586406

Cited 2 times | Published

2007), the Florida Supreme Court observed that section 775.082, Florida Statutes, which authorizes a qualifying

Hernandez v. State

960 So. 2d 816, 2007 WL 1827225

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 1726276

Cited 2 times | Published

offense under the Prison Releasee Reoffender Act. § 775.082(9)(a)(1), Fla. Stat. (1999). The fifteen-year

Livingston v. State

944 So. 2d 1254, 2006 WL 3823119

District Court of Appeal of Florida | Filed: Dec 29, 2006 | Docket: 2577132

Cited 2 times | Published

released from a state correctional facility. See § 775.082(9)(a)(1), Fla. Stat. (2001). However, Livingston's

Gibson v. State

944 So. 2d 426, 2006 WL 3299651

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 2536894

Cited 2 times | Published

facility" as provided in the PRR statute. See § 775.082(9)(a)1, Fla. Stat. He argued in his motion that

Baker v. State

941 So. 2d 419, 2006 WL 2787984

District Court of Appeal of Florida | Filed: Sep 29, 2006 | Docket: 431746

Cited 2 times | Published

to any punishment described in s. 775.082." Section 775.082 establishes the general terms of imprisonment

Michel v. State

935 So. 2d 1228, 2006 WL 2347426

District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1700680

Cited 2 times | Published

to each of his three sentences. He cited to section 775.082(9)(c) of Florida's Prison Releasee Reoffender

Thomas v. State

933 So. 2d 45, 2006 WL 1329691

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 1711933

Cited 2 times | Published

physical force or violence against an individual." § 775.082(9)(a)(1), Fla. Stat. (2002). Fleeing and eluding

Ramos v. State

931 So. 2d 1023, 2006 WL 1627465

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 2583164

Cited 2 times | Published

a permissible sentence for a life felony. See § 775.082(3)(a), Fla. Stat. (1989); Lamont v. State, 610

Tatum v. State

922 So. 2d 1004, 2006 WL 211948

District Court of Appeal of Florida | Filed: Jan 30, 2006 | Docket: 1683419

Cited 2 times | Published

facility operated by the Department of Corrections." § 775.082(9) Fla. Stat. (2004). It may be true, as the defendant

Cohen v. State

920 So. 2d 682, 2006 WL 141485

District Court of Appeal of Florida | Filed: Jan 20, 2006 | Docket: 2543891

Cited 2 times | Published

identified "robbery" as a qualifying offense. See § 775.082(9)(a)(1)(g), Fla. Stat. (2002). In his motion

Morris v. State

910 So. 2d 306, 2005 WL 2085542

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 2585768

Cited 2 times | Published

of these two statutes was error "[b]ecause section 775.082(8)(c) only authorizes the court to deviate

JIS v. State

902 So. 2d 890, 2005 WL 1262325

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 1674922

Cited 2 times | Published

had been an adult at the time of the offense. § 775.082(3)(c), Fla. Stat. (2003). In the disposition order

Bradshaw v. State

891 So. 2d 1184, 2005 WL 229842

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 207530

Cited 2 times | Published

KELLY, JJ., concur. NOTES [1] The statute, section 775.082, Florida Statutes (2000), has been modified

Bryant v. State

876 So. 2d 623, 29 Fla. L. Weekly Fed. D 1449

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 1245575

Cited 2 times | Published

for a second degree felony is fifteen years. § 775.082(3)(c), Fla. Stat. (1997). Bryant was also given

Duffy v. State

874 So. 2d 1242, 2004 WL 1252675

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 1473562

Cited 2 times | Published

with eligibility for parole, as required by section 775.082(1), Florida Statutes (1991). Duffy cites to

Hill v. State

869 So. 2d 10, 2004 WL 86420

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 2590401

Cited 2 times | Published

Releasee Reoffender Punishment Act ("PRRPA") in section 775.082(9)(a)3, Florida Statutes (2002). In both cases

Hall v. State

837 So. 2d 1179, 2003 WL 465416

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 2564290

Cited 2 times | Published

sentenced Hall as a prison releasee reoffender, section 775.082(9)(c), Florida Statutes (1999) (Prison Releasee

Saunders v. State

823 So. 2d 829, 2002 WL 1842121

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 455265

Cited 2 times | Published

under the Prison Releasee Reoffender Act, section 775.082(8)(a)1, Florida Statutes (1997), for burglary

Lewis v. State

819 So. 2d 1009, 2002 WL 1401705

District Court of Appeal of Florida | Filed: Jul 1, 2002 | Docket: 1924140

Cited 2 times | Published

DCA), rev. dismissed, 779 So.2d 275 (Fla.2000); § 775.082(8)(c), Fla. Stat.). Accordingly, we reverse and

Nettles v. State

819 So. 2d 243, 2002 WL 1307481

District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1750083

Cited 2 times | Published

Releasee Reoffender Punishment Act (PRRPA), section 775.082(9), Florida Statutes (2000). We hold that such

Foley v. State

804 So. 2d 556, 2002 WL 54555

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 637334

Cited 2 times | Published

that count is not enumerated in the PRR statute, § 775.082(9)(a)1., Fla. Stat. (1999), and defendant is not

Hollybrook v. State

795 So. 2d 1012, 2001 WL 1007209

District Court of Appeal of Florida | Filed: Sep 5, 2001 | Docket: 1673209

Cited 2 times | Published

exceeded the statutory maximum for the crime. Section 775.082(3)(d), Florida Statutes (1997), imposes a maximum

Lewis v. State

789 So. 2d 974, 2001 WL 746926

Supreme Court of Florida | Filed: Jul 5, 2001 | Docket: 2568037

Cited 2 times | Published

Grant is controlling. As we stated in Grant, "section 775.082(8)(c) only authorizes [a sentencing] court

Johnson v. State

766 So. 2d 480, 2000 WL 1360874

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 1697673

Cited 2 times | Published

time of Johnson's offense and sentencing, section 775.082(8)(d), Florida Statutes (1997) provided: a

Gonzales v. State

766 So. 2d 452, 2000 WL 1230214

District Court of Appeal of Florida | Filed: Aug 30, 2000 | Docket: 1697703

Cited 2 times | Published

reoffender and required sentencing term pursuant to section 775.082, Florida Statutes (1997). Defense counsel forwarded

Medina v. State

758 So. 2d 113, 2000 WL 44113

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 1404400

Cited 2 times | Published

Prison Releasee Reoffender Act (the Act), section 775.082(8), Florida Statutes (1997). Medina raises

Jones v. State

751 So. 2d 139, 2000 WL 44117

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 2587347

Cited 2 times | Published

appeals his sentence for felony battery arguing section 775.082(8), Florida Statutes (1997), the Prisoner Releasee

Miller v. State

751 So. 2d 115, 2000 WL 5925

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 1310232

Cited 2 times | Published

Prison Releasee Reoffender Punishment Act, section 775.082, Florida Statutes (1997) ("Act"). We affirm

Hamilton v. State

746 So. 2d 512, 1999 WL 1111649

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 1714915

Cited 2 times | Published

prison releasee reoffender entered pursuant to section 775.082(8), Florida Statutes (1997), the Prison Releasee

Smith v. State

753 So. 2d 575, 1999 WL 966737

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 1433795

Cited 2 times | Published

fifteen years in state prison pursuant to section 775.082(8)(a)1., Florida Statutes (1997), the Prison

Coleman v. State

739 So. 2d 626, 1999 WL 538047

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 1688739

Cited 2 times | Published

as a prison releasee reoffender pursuant to section 775.082(2), Florida Statutes (1997), which became effective

Line v. State

722 So. 2d 853, 23 Fla. L. Weekly Fed. D 2543

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1669216

Cited 2 times | Published

violation may be not less than $1,000." Under section 775.082, a felony of the third degree is punishable

Howe v. State

596 So. 2d 1227, 1992 WL 72037

District Court of Appeal of Florida | Filed: Apr 10, 1992 | Docket: 2580711

Cited 2 times | Published

for this crime is thirty years' imprisonment. § 775.082(3), Fla. Stat. (1989). See Dion v. State, 409

Riordan v. State

275 So. 3d 226

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 64719071

Cited 1 times | Published

constitutionality of section 775.082(10), Florida Statutes (2016). Riordan argues that, even if section 775.082(10) was

Piccinini v. State

275 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719064

Cited 1 times | Published

71 So. 3d 173, 175 (Fla. 1st DCA 2011) ). Section 775.082(10), Florida Statutes (2015), provides: If

NICKOLAS WHITE v. STATE OF FLORIDA

271 So. 3d 1023

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071943

Cited 1 times | Published

prison and life in prison. See § 775.082(1)(b)1., Fla. Stat. (2017) (prescribing the sentencing

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712522

Cited 1 times | Published

clearly in excess of the maximum provided by section 775.082, Florida Statutes (2005) ; therefore, we must

Thomas E. King v. State of Florida

259 So. 3d 317

District Court of Appeal of Florida | Filed: Dec 18, 2018 | Docket: 8425517

Cited 1 times | Published

punishable by up to fifteen years in prison. § 775.082(3)(d), Fla. Stat. In his commission of aggravated

State of Florida v. Kenneth Purdy

252 So. 3d 723

Supreme Court of Florida | Filed: Aug 30, 2018 | Docket: 7774999

Cited 1 times | Published

Id. ; see, e.g. , § 775.082(3)(c) (explaining that a juvenile convicted of

Rafael Jacob Stoffel v. State of Florida

247 So. 3d 89

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6712584

Cited 1 times | Published

the remainder of the person’s natural life.” § 775.082(4)(a), Fla. Stat. (2014).

Larry Anthony Crosley v. State of Florida

247 So. 3d 69

District Court of Appeal of Florida | Filed: May 10, 2018 | Docket: 6565394

Cited 1 times | Published

offense can only qualify if it falls under section 775.082(9)(a)1.o., Florida Statutes (2015), which states

JESSIE WILLIAMS v. STATE OF FLORIDA

244 So. 3d 1173

District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368586

Cited 1 times | Published

charges is fifteen years' imprisonment. See § 775.082(3)(c), Fla. Stat. (Supp. 1984). The circuit court

Reginald Lee Booker, I I I v. State of Florida

244 So. 3d 1151

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366184

Cited 1 times | Published

71 So. 3d 173, 175 (Fla. 1st DCA 2011)). Section 775.082(10), Florida Statues (2018), says that “[i]f

Troy Victorino v. State of Florida

241 So. 3d 48

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327895

Cited 1 times | Published

resentenced to life imprisonment based on section 775.082(2), Florida Statutes, the prohibition against

Andrew Barlow v. State of Florida

238 So. 3d 416

District Court of Appeal of Florida | Filed: Feb 20, 2018 | Docket: 6309901

Cited 1 times | Published

felonies, each with a fifteen-year maximum, see § 775.082(3)(d), Fla. Stat. (2015), Barlow faced a maximum

Christopher Jackson v. State of Florida

241 So. 3d 914

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6309420

Cited 1 times | Published

qualified for sentencing under the PRR Act. See § 775.082(9), Fla. Stat. (2012). Accordingly, the court

Christopher Jackson v. State of Florida

241 So. 3d 914

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6309420

Cited 1 times | Published

qualified for sentencing under the PRR Act. See § 775.082(9), Fla. Stat. (2012). Accordingly, the court

Dontavious Lamar Copeland v. State of Florida

240 So. 3d 58

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300936

Cited 1 times | Published

781(c)(2) (providing that a defendant convicted of a § 775.082(1)(b)1. offense “shall not be eligible for” a

Alvarez v. State

230 So. 3d 625

District Court of Appeal of Florida | Filed: Nov 22, 2017 | Docket: 6229132

Cited 1 times | Published

Reoffender and Required Sentencing Term Pursuant to F.S. 775.082. On February 10, 2017, Alvarez pled guilty to

Christopher Dean v. State of Florida

230 So. 3d 420

Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146156

Cited 1 times | Published

first-degree felony with a maximum sentence of life. See § 775.082, Fla. Stat. (2004); majority op. at 423-24. So

Parks v. State

223 So. 3d 380, 2017 WL 2615844, 2017 Fla. App. LEXIS 8833

District Court of Appeal of Florida | Filed: Jun 16, 2017 | Docket: 6075643

Cited 1 times | Published

for his first-degree felony convictions. See § 775.082(3)(b), Fla. Stat. (2010). We reverse and remand

Renardo A. Smith v. State of Florida

219 So. 3d 978, 2017 WL 2364611, 2017 Fla. App. LEXIS 7853

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067420

Cited 1 times | Published

prison releasee reof-fender (“PRR”) statute, section 775.082(9)(a)l., Florida Statutes (2012), prior to

Davon White v. State

215 So. 3d 132, 2017 WL 1040938, 2017 Fla. App. LEXIS 3581

District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 4621384

Cited 1 times | Published

over the fifteen-year maximum outlined in section 775.082(3)(d). See Mendenhall v. State, 48 So.3d 740

Roderick D. Williams v. State

211 So. 3d 1070, 2017 WL 539773, 2017 Fla. App. LEXIS 1639

District Court of Appeal of Florida | Filed: Feb 10, 2017 | Docket: 4586775

Cited 1 times | Published

to kill, or attempted to kill the victim. § 775.082(l)(b), Fla. Stat. (2016). In Alleyne, the

Paul Beasley Johnson v. State of Florida

205 So. 3d 1285, 41 Fla. L. Weekly Supp. 579, 2016 Fla. LEXIS 2597

Supreme Court of Florida | Filed: Dec 1, 2016 | Docket: 4546940

Cited 1 times | Published

majority’s decision not to apply the plain text of section 775.082(2), Florida Statutes. Because his death sentences

Johnson v. State

204 So. 3d 521, 2016 Fla. App. LEXIS 12815

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 63630620

Cited 1 times | Published

firearm commits a felony of the second degree); § 775.082(3)(d), Fla. Stat. (2014) (providing that a felony

Laisha L. Landrum v. State of Florida

192 So. 3d 459, 41 Fla. L. Weekly Supp. 274, 2016 Fla. LEXIS 1194, 2016 WL 3191099

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072271

Cited 1 times | Published

term of years not exceeding life imprisonment.” § 775.082(3)(a)3., Fla. Stat. (2004). Like all life imprisonment

Reed v. State

192 So. 3d 641, 2016 WL 3030838, 2016 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 3068164

Cited 1 times | Published

posed a’danger to the public. See- § 775.082(10) Fla. Stat. (2011). After careful review and

Tate v. State

191 So. 3d 535, 2016 WL 2930800, 2016 Fla. App. LEXIS 7563

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 60255188

Cited 1 times | Published

felony, which carries a 15-year maximum sentence. § 775.082(3)(d), Fla. Stat. Instead, Tate was charged and

Ralph Monroe v. State of Florida

191 So. 3d 395, 41 Fla. L. Weekly Supp. 192, 2016 WL 1700525, 2016 Fla. LEXIS 900, 2016 Fla. App. LEXIS 6438

Supreme Court of Florida | Filed: Apr 28, 2016 | Docket: 3059071

Cited 1 times | Published

sentence of twenty-five years imprisonment. See § 775.082(l)-(3), Fla. Stat. (2011). Significant to this

Collins v. State

189 So. 3d 342, 2016 WL 1621080, 2016 Fla. App. LEXIS 6249

District Court of Appeal of Florida | Filed: Apr 25, 2016 | Docket: 60254479

Cited 1 times | Published

effect, having become law as of July 1, 2014. Section 775.082(3)(c) provides for a review after 20 years

Devon Kane Ryerson v. State of Florida

189 So. 3d 1047, 2016 Fla. App. LEXIS 5991, 2016 WL 1579256

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055581

Cited 1 times | Published

court did not make the findings required under section 775.082(10), Florida Statutes (2014). We agree and

United States v. Antone T. Adams

815 F.3d 1291, 2016 WL 125271

Court of Appeals for the Eleventh Circuit | Filed: Jan 12, 2016 | Docket: 3027346

Cited 1 times | Published

of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084. (2) Any person

Sheffield v. State

177 So. 3d 699, 2015 Fla. App. LEXIS 16922, 2015 WL 7007998

District Court of Appeal of Florida | Filed: Nov 12, 2015 | Docket: 60251209

Cited 1 times | Published

qualifies for PRR sentencing. According to section 775.082(8)(a)l., Florida Statutes (1998),1 a PRR is

Jackson v. State

175 So. 3d 368, 2015 Fla. App. LEXIS 13764, 2015 WL 5438776

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808040

Cited 1 times | Published

(1983), and aimed sexual battery is a life felony, § 775.082(3)(a), Fla. Stat. (1983). Thus, Jackson’s convictions

Williams v. State

171 So. 3d 143, 2015 Fla. App. LEXIS 10469, 2015 WL 4128956

District Court of Appeal of Florida | Filed: Jul 10, 2015 | Docket: 60249672

Cited 1 times | Published

sentences available under 2009 version of section 775.082(1) for capital felonies were death or mandatory

Stephanie Kraft v. State

156 So. 3d 1116, 2015 Fla. App. LEXIS 1848, 2015 WL 548231

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633400

Cited 1 times | Published

offenses committed on or after July 1, 2009, section 775.082(10), Florida Statutes, would require the court

Andrako Bradley v. State

155 So. 3d 1248, 2015 Fla. App. LEXIS 1044, 2015 WL 340683

District Court of Appeal of Florida | Filed: Jan 28, 2015 | Docket: 2628648

Cited 1 times | Published

present a danger to the public, pursuant to section 775.082(10), Florida Statutes (2010), we reverse and

K.A. v. State

152 So. 3d 117, 2014 Fla. App. LEXIS 19629, 2014 WL 6789898

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 60244704

Cited 1 times | Published

term of imprisonment not exceeding one year. § 775.082(4)(a), Fla. Stat. (2012). Therefore, the longest

State of Florida v. Frank A. Mosley

149 So. 3d 684, 39 Fla. L. Weekly Supp. 627, 2014 Fla. LEXIS 3068, 2014 WL 5285851

Supreme Court of Florida | Filed: Oct 16, 2014 | Docket: 1422903

Cited 1 times | Published

2d 700 (1943)). 957 So.2d at 629. Section 775.082(9), Florida Statutes (2006), states in pertinent

Reginald L. Bryant v. State of Florida

148 So. 3d 1251, 39 Fla. L. Weekly Supp. 591, 2014 Fla. LEXIS 2970, 2014 WL 5026405

Supreme Court of Florida | Filed: Oct 9, 2014 | Docket: 1437947

Cited 1 times | Published

ch. 921, Fla. Stat. (2009). However, under section 775.082(10), Florida Statutes, Bryant was entitled

Wilkerson v. State

143 So. 3d 462, 2014 WL 3671334, 2014 Fla. App. LEXIS 11369

District Court of Appeal of Florida | Filed: Jul 25, 2014 | Docket: 60242325

Cited 1 times | Published

term of imprisonment of up to fifteen years. See § 775.082, Fla. Stat. (2012). Section 794.0115(6) provides

Dean Kenneth Rockmore v. State of Florida

140 So. 3d 979, 39 Fla. L. Weekly Supp. 372, 2014 WL 2516361, 2014 Fla. LEXIS 1807

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 796273

Cited 1 times | Published

a Prison Releasee Reof-fender (PRR) under section 775.082(9)(a)l., Florida Statutes (2009). This statute

Herman v. State

161 So. 3d 452, 2014 Fla. App. LEXIS 8261, 2014 WL 2217233

District Court of Appeal of Florida | Filed: May 30, 2014 | Docket: 60247152

Cited 1 times | Published

fine in addition to any penalty prescribed by section 775.082, Florida Statutes., See, § 775.083(1), Fla

Rodriguez-Giudicelli v. State

143 So. 3d 947, 2014 WL 2151966

District Court of Appeal of Florida | Filed: May 23, 2014 | Docket: 60242399

Cited 1 times | Published

eligibility-after twenty-five years pursuant to section 775.082(1), Florida Statutes (1993). Rodriguez-Giudicelli

Josue Cotto v. State of Florida

139 So. 3d 283, 39 Fla. L. Weekly Supp. 327, 2014 WL 1923697, 2014 Fla. LEXIS 1626

Supreme Court of Florida | Filed: May 15, 2014 | Docket: 57381

Cited 1 times | Published

permissible sentence beyond that prescribed by section 775.082, Florida Statutes. 2 However, the

Timothy Lee Hurst v. State of Florida

147 So. 3d 435, 39 Fla. L. Weekly Supp. 293, 2014 Fla. LEXIS 1461, 2014 WL 1698370

Supreme Court of Florida | Filed: May 1, 2014 | Docket: 796062

Cited 1 times | Published

the death penalty can be imposed. See generally § 775.082, Fla. Stat. (2011). Without these findings, a

Murray v. State

133 So. 3d 557, 2014 WL 472017, 2014 Fla. App. LEXIS 1620

District Court of Appeal of Florida | Filed: Feb 7, 2014 | Docket: 60238810

Cited 1 times | Published

entered an open plea of guilty. Pursuant to section 775.082(10), Florida Statutes, Appellant scored a nonstate

Williams v. State

129 So. 3d 453, 2014 WL 26033, 2014 Fla. App. LEXIS 95

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237404

Cited 1 times | Published

and a prison releasee reoffender (PRR) under section 775.082(9). At the sentencing hearing following Williams’

Wallace v. State

128 So. 3d 139, 2013 WL 5951700, 2013 Fla. App. LEXIS 17854

District Court of Appeal of Florida | Filed: Nov 8, 2013 | Docket: 60236992

Cited 1 times | Published

sentenced as a prison releasee reoffender under section 775.082(9), Florida Statutes (2006). For this second-degree

Martinez v. State

114 So. 3d 1119, 2013 WL 2663451, 2013 Fla. App. LEXIS 9425

District Court of Appeal of Florida | Filed: Jun 14, 2013 | Docket: 60231760

Cited 1 times | Published

sentence not to exceed thirty years under section 775.082(3). We agree and reverse and remand for resentencing

Colson v. State

114 So. 3d 415, 2013 WL 2360939, 2013 Fla. App. LEXIS 8569

District Court of Appeal of Florida | Filed: May 30, 2013 | Docket: 60231915

Cited 1 times | Published

before the underlying robbery was committed. See § 775.082(9)(a)l, Florida Statutes (a PRR designation requires

Sheppard v. State

113 So. 3d 148, 2013 Fla. App. LEXIS 8073, 2013 WL 2233991

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60231453

Cited 1 times | Published

sentence not to exceed thirty years under section 775.082(3)(b). Sheppard argues that his current overall

Paul v. State

112 So. 3d 1188, 2013 Fla. LEXIS 2885, 2013 WL 1457839

Supreme Court of Florida | Filed: Apr 11, 2013 | Docket: 60230985

Cited 1 times | Published

felony catch-all provision of the PRR statute, section 775.082(9)(a)l. o, Florida Statutes (2001). We approve

Jeffers v. State

106 So. 3d 37, 2013 Fla. App. LEXIS 1547, 2013 WL 376054

District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228188

Cited 1 times | Published

sentence permissible for a second-degree felony. See § 775.082(3)(c), Fla. Stat. (2010). Since the failure to

Jeffers v. State

106 So. 3d 37, 2013 Fla. App. LEXIS 1547, 2013 WL 376054

District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228188

Cited 1 times | Published

sentence permissible for a second-degree felony. See § 775.082(3)(c), Fla. Stat. (2010). Since the failure to

Hope v. State

134 So. 3d 1044, 2013 WL 363368, 2013 Fla. App. LEXIS 1501

District Court of Appeal of Florida | Filed: Jan 31, 2013 | Docket: 60239005

Cited 1 times | Published

of these counts would have been 5 years. See § 775.082(3)(d), Fla. Stat. (2008). . Appellate counsel

State v. Martinez

103 So. 3d 1013, 2012 Fla. App. LEXIS 21989, 2012 WL 6682018

District Court of Appeal of Florida | Filed: Dec 26, 2012 | Docket: 60226838

Cited 1 times | Published

committed on or after October 1,1998. See also § 775.082(8)(d), Fla. Stat. (2009) (“The Criminal Punishment

Fox v. State

104 So. 3d 371, 2012 WL 5935516, 2012 Fla. App. LEXIS 20426

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227459

Cited 1 times | Published

court erred by sentencing him pursuant to section 775.082(10), Florida Statutes (2010); and 4) trial

Dominguez v. State

98 So. 3d 198, 2012 WL 4222148, 2012 Fla. App. LEXIS 15872

District Court of Appeal of Florida | Filed: Sep 21, 2012 | Docket: 60312209

Cited 1 times | Published

a qualifying offense for PRR sentencing, see § 775.082(9)(a)(l), Fla. Stat. (2009), nor a forcible felony

Ellington v. State

96 So. 3d 1131, 2012 WL 3934906, 2012 Fla. App. LEXIS 15109

District Court of Appeal of Florida | Filed: Sep 11, 2012 | Docket: 60311457

Cited 1 times | Published

defendant in accordance with the provisions of section 775.082(9), Florida Statutes. See State v. Cotton,

Lamoreaux v. State

88 So. 3d 379, 2012 WL 1673263, 2012 Fla. App. LEXIS 7545

District Court of Appeal of Florida | Filed: May 15, 2012 | Docket: 60308267

Cited 1 times | Published

in addition to any punishment described in section 775.082, Florida Statutes (2010). Moreover, when specifically

Termitus v. State

86 So. 3d 1179, 2012 WL 1440603, 2012 Fla. App. LEXIS 6599

District Court of Appeal of Florida | Filed: Apr 27, 2012 | Docket: 60307572

Cited 1 times | Published

subject to a fifteen-year statutory maximum. See § 775.082(3)(c), Fla. Stat. (2004).2 However, section 775

Santiago v. State

76 So. 3d 1027, 2011 Fla. App. LEXIS 19904, 2011 WL 6183473

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 2352835

Cited 1 times | Published

prison releasee *1028 reoffender, pursuant to section 775.082, Florida Statutes (2009). Following a sentencing

Wilson v. State

76 So. 3d 332, 2011 Fla. App. LEXIS 18112, 2011 WL 5555837

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2353571

Cited 1 times | Published

does not qualify for PRR sentencing under section 775.082(9)(a)(1), Florida Statutes (2001), and as a

Kirkland v. State

71 So. 3d 254, 2011 Fla. App. LEXIS 16065, 2011 WL 4819817

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 2358968

Cited 1 times | Published

sentencing enhancement for offenses not listed in section 775.082(9)(a)(1), Florida Statutes (2008). Kirkland

Clark v. State

72 So. 3d 222, 2011 Fla. App. LEXIS 15698, 2011 WL 4578547

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 60303221

Cited 1 times | Published

Prison Releasee Reoffender Punishment Act (PRRPA), § 775.082(9), Fla. Stat. (2000), we reverse and remand for

Gallegos v. State

62 So. 3d 1236, 2011 Fla. App. LEXIS 8947, 2011 WL 2341397

District Court of Appeal of Florida | Filed: Jun 15, 2011 | Docket: 2326909

Cited 1 times | Published

years' incarceration to ten, concurrent. See § 775.082(3)(d) (stating that third-degree felonies are

McLeod v. State

58 So. 3d 931, 2011 Fla. App. LEXIS 5411, 2011 WL 1431530

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299552

Cited 1 times | Published

of imprisonment not to exceed five years. See § 775.082(B)(d), Fla. Stat. (2007). Following his second

McLeod v. State

58 So. 3d 931, 2011 Fla. App. LEXIS 5411, 2011 WL 1431530

District Court of Appeal of Florida | Filed: Apr 13, 2011 | Docket: 60299552

Cited 1 times | Published

of imprisonment not to exceed five years. See § 775.082(B)(d), Fla. Stat. (2007). Following his second

Paul v. State

59 So. 3d 193, 2011 Fla. App. LEXIS 3478, 2011 WL 890879

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60299626

Cited 1 times | Published

felony catch-all provision of the PRR statute. § 775.082(9)(a)l.o., Fla. Stat. (2001) (providing that the

Paul v. State

59 So. 3d 193, 2011 Fla. App. LEXIS 3478, 2011 WL 890879

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60299626

Cited 1 times | Published

felony catch-all provision of the PRR statute. § 775.082(9)(a)l.o., Fla. Stat. (2001) (providing that the

Franklin v. State

54 So. 3d 622, 2011 Fla. App. LEXIS 2214, 36 Fla. L. Weekly Fed. D 397

District Court of Appeal of Florida | Filed: Feb 22, 2011 | Docket: 60298355

Cited 1 times | Published

prison. See § 89S.13(6)(a), Fla. Stat. (2002); § 775.082(3)(d), Fla. Stat. (2002). On October 16, 2002

Kalogeras v. State

58 So. 3d 889, 2011 Fla. App. LEXIS 1859, 2011 WL 479998

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 60299538

Cited 1 times | Published

a Prison Releas-ee Reoffender (PRR) under section 775.082(9)(a)l, Florida Statutes (2006). Because the

Hutto v. State

50 So. 3d 85, 2010 Fla. App. LEXIS 19013, 2010 WL 5114728

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 2568229

Cited 1 times | Published

his illegal sentence claim on the fact that section 775.082(10), Florida Statutes (2009), which took effect

Davis v. State

46 So. 3d 1232, 2010 Fla. App. LEXIS 17658, 2010 WL 4629012

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 1400930

Cited 1 times | Published

serve 100 percent of that sentence pursuant to section 775.082(9)(b), Florida Statutes (2007). Therefore,

Lawson v. State

46 So. 3d 1189, 2010 Fla. App. LEXIS 16739, 2010 WL 4366018

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 60296149

Cited 1 times | Published

punishable by a maximum of fifteen years in prison. § 775.082(3)(c), Fla. Stat. (1993). Lawson was sentenced

Johnson v. State

44 So. 3d 209, 2010 Fla. App. LEXIS 13730, 2010 WL 3602838

District Court of Appeal of Florida | Filed: Sep 17, 2010 | Docket: 17921

Cited 1 times | Published

prison. See § 777.04(4)(c), Fla. Stat. (2008) and § 775.082(3)(c), Fla. Stat. (2008); see also Johnson v.

Montgomery v. State

36 So. 3d 188, 2010 Fla. App. LEXIS 8247, 2010 WL 2330419

District Court of Appeal of Florida | Filed: Jun 11, 2010 | Docket: 2551607

Cited 1 times | Published

probation for the remainder of his life. See § 775.082(3)(a)(4)(a)(II), Fla. Stat. (2008). Both the orally

Stark v. State

27 So. 3d 206, 2010 Fla. App. LEXIS 1338, 2010 WL 446511

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1664821

Cited 1 times | Published

HFO sentences did not exceed the PRR terms. See § 775.082(9)(c), Fla. Stat. (2002); Grant v. State, 770

Jordan v. State

28 So. 3d 929, 2010 Fla. App. LEXIS 1358, 2010 WL 445938

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 1652128

Cited 1 times | Published

exceeded the maximum sentences allowed under section 775.082, Florida Statutes (1987). Because we agree

Nelson v. State

20 So. 3d 979, 2009 Fla. App. LEXIS 15804, 34 Fla. L. Weekly Fed. D 2185

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 2589646

Cited 1 times | Published

proper sentence is one of fifteen years. See § 775.082(9)(a)2.c, Fla. Stat. (Supp. 1998). Accordingly

Benjamin v. State

20 So. 3d 945, 2009 Fla. App. LEXIS 14601, 2009 WL 3101106

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1640086

Cited 1 times | Published

his offense date was February 15, 2001. [2] Section 775.082(9)(a), Florida Statutes (2001). [3] See Romeo

Dennis v. State

16 So. 3d 331, 2009 Fla. App. LEXIS 13746, 2009 WL 2949311

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 382857

Cited 1 times | Published

prison releasee reoffender (PRR), pursuant to section 775.082(9), for the offense of burglary of a structure

Baxter v. State

15 So. 3d 879, 2009 Fla. App. LEXIS 10604, 2009 WL 2338043

District Court of Appeal of Florida | Filed: Jul 31, 2009 | Docket: 2150401

Cited 1 times | Published

penalty should not exceed fifteen years. See § 775.082(3)(c), Fla. Stat. (2006). Even though Baxter signed

In Re Amendments to Florida Rule of Criminal Procedure 3.992(A)

19 So. 3d 274, 2009 Fla. LEXIS 1120, 2009 WL 2045407

Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1651602

Cited 1 times | Published

Laws of Florida, the Legislature amended section 775.082, Florida Statutes, to include a new subsection

Hurley v. State

13 So. 3d 524, 2009 Fla. App. LEXIS 7621, 2009 WL 1675907

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1696693

Cited 1 times | Published

eligible for parole after serving twenty-five years. § 775.082(1), Fla. Stat. (1991). The defendant’s motion

Elliott v. State

9 So. 3d 660, 2009 Fla. App. LEXIS 2844, 2009 WL 873546

District Court of Appeal of Florida | Filed: Apr 3, 2009 | Docket: 1231581

Cited 1 times | Published

may be sentenced up to fifteen years in prison. § 775.082(3)(c). In the instant case, the trial court adjudicated

Montero v. State

7 So. 3d 518, 34 Fla. L. Weekly Supp. 295, 2009 Fla. LEXIS 398, 2009 WL 702251

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 1654959

Cited 1 times | Published

Montero as a prison-releasee reoffender. See § 775.082(9)(a), Fla. Stat. (2003). Accordingly, we grant

Corker v. State

7 So. 3d 521, 34 Fla. L. Weekly Supp. 294, 2009 Fla. LEXIS 408, 2009 WL 702780

Supreme Court of Florida | Filed: Mar 19, 2009 | Docket: 199582

Cited 1 times | Published

sentencing Corker as a prison-releasee reoffender. See § 775.082(9)(a), Fla. Stat. (2002). Accordingly, we grant

Mobley v. State

983 So. 2d 630, 2008 WL 1986273

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1656089

Cited 1 times | Published

Prison Releasee Reoffender (PRR) statute, section 775.082(9), Florida Statutes (2000), must be imposed

Williams v. State

977 So. 2d 733, 2008 WL 762555

District Court of Appeal of Florida | Filed: Mar 25, 2008 | Docket: 1140455

Cited 1 times | Published

for a third-degree felony is five years. See § 775.082(3)(d), Fla. Stat. (2004). Along with the other

Gibson v. State

967 So. 2d 410, 2007 WL 3087472

District Court of Appeal of Florida | Filed: Oct 24, 2007 | Docket: 1733603

Cited 1 times | Published

released from a correctional facility as per section 775.082(9)(a)1, Florida Statutes. He claimed he was

McCloud v. State

965 So. 2d 840, 2007 WL 2735983

District Court of Appeal of Florida | Filed: Sep 21, 2007 | Docket: 446855

Cited 1 times | Published

defendants convicted of capital felonies. See § 775.082(1), Fla. Stat. (1997). See also Bedford v. State

Reidy v. State

965 So. 2d 1177, 2007 WL 2402859

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 1773972

Cited 1 times | Published

"prisoner releasee reoffender" ["PRR"] statute, section 775.082(9), Florida Statutes (2004). For purposes of

Reidy v. State

965 So. 2d 1177, 2007 WL 2402859

District Court of Appeal of Florida | Filed: Aug 24, 2007 | Docket: 1773972

Cited 1 times | Published

"prisoner releasee reoffender" ["PRR"] statute, section 775.082(9), Florida Statutes (2004). For purposes of

Suomi v. State

947 So. 2d 697, 2007 WL 397211

District Court of Appeal of Florida | Filed: Feb 7, 2007 | Docket: 1376528

Cited 1 times | Published

punishable by up to thirty years in prison, § 775.082(3)(b), Fla. Stat. (2001), absent habitualization

Ragin v. State

939 So. 2d 330, 2006 WL 2956475

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 1237428

Cited 1 times | Published

individual. We agree. The enumerated offenses under section 775.082(9)(a)1, Florida Statutes, do not include a

Griffin v. State

934 So. 2d 614, 2006 WL 2057168

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 305527

Cited 1 times | Published

State, 697 So.2d 1310 (Fla. 4th DCA 1997). Section 775.082(3)(a), Florida Statutes (1989), provided that

Rashid v. State

932 So. 2d 1205, 2006 WL 1816453

District Court of Appeal of Florida | Filed: Jul 5, 2006 | Docket: 1684862

Cited 1 times | Published

designation was illegal on that count because section 775.082(9)(a)(1), Florida Statutes (2003), does not

Eubanks v. State

917 So. 2d 898, 2005 WL 3330741

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1509572

Cited 1 times | Published

lists armed burglary as a qualifying offense. See § 775.082(9)(a)1.p., Fla. Stat. (1999). "Occupied" versus

Souza v. State

889 So. 2d 952, 2004 WL 2923049

District Court of Appeal of Florida | Filed: Dec 17, 2004 | Docket: 1488693

Cited 1 times | Published

and sentenced Mr. Souza accordingly. *954 Section 775.082(9)(a), the definitional section of the PRR

State v. Reid

886 So. 2d 265, 2004 Fla. App. LEXIS 16181, 2004 WL 2409330

District Court of Appeal of Florida | Filed: Oct 29, 2004 | Docket: 64834083

Cited 1 times | Published

Releasee Reoffender, (“PRR”), pursuant to section 775.082(9), Florida Statutes (2001), a sentence of

Zook v. State

883 So. 2d 332, 2004 WL 1932746

District Court of Appeal of Florida | Filed: Sep 1, 2004 | Docket: 1369619

Cited 1 times | Published

unoccupied dwelling was a qualifying offense. See § 775.082(9)(a)(1)(q), Fla. Stat. (2000). In State v. Huggins

Parker v. State

874 So. 2d 683, 2004 WL 1161849

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 1738303

Cited 1 times | Published

sentence as imposed was illegal in light of section 775.082(9)(a)2., Florida Statutes (Supp. 1998), which

Kinney v. State

808 So. 2d 1285, 2002 WL 377013

District Court of Appeal of Florida | Filed: Mar 12, 2002 | Docket: 2529534

Cited 1 times | Published

cases as a prison releasee reoffender under section 775.082(9), Florida Statutes (2000), to concurrent

Parker v. State

799 So. 2d 282, 2001 WL 1048638

District Court of Appeal of Florida | Filed: Sep 14, 2001 | Docket: 1278315

Cited 1 times | Published

Releasee Reoffender Punishment Act as codified at section 775.082(8)(a), Florida Statutes (1997). We affirm Parker's

Vargas v. State

789 So. 2d 1030, 2001 WL 456408

District Court of Appeal of Florida | Filed: May 2, 2001 | Docket: 1325984

Cited 1 times | Published

life. The prison releasee reoffender statute, section 775.082(9), Florida Statutes (1999), provides that

Green v. State

782 So. 2d 416, 2001 WL 127866

District Court of Appeal of Florida | Filed: Feb 16, 2001 | Docket: 1159423

Cited 1 times | Published

Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997). See Grant v. State

Price v. State

777 So. 2d 423, 2000 WL 1817135

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 155746

Cited 1 times | Published

Therefore, we remand for resentencing under Section 775.082(3)(a), Florida Statutes (2000). See Williams

Price v. State

777 So. 2d 423, 2000 WL 1817135

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 155746

Cited 1 times | Published

Therefore, we remand for resentencing under Section 775.082(3)(a), Florida Statutes (2000). See Williams

Schaeffer v. State

779 So. 2d 485, 2000 WL 1714481

District Court of Appeal of Florida | Filed: Nov 17, 2000 | Docket: 420332

Cited 1 times | Published

chapter 97-239, Laws of Florida, as codified in section 775.082(8), Florida Statutes (1997) (hereafter called

West v. State

758 So. 2d 1230, 2000 WL 668894

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 1404395

Cited 1 times | Published

JJ., concur. NOTES [1] See § 775.082(8), Fla. Stat. (1997). Section 775.082 was subsequently amended and

Palmore v. State

790 So. 2d 444, 2000 WL 627666

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 1734338

Cited 1 times | Published

unconstitutional insofar as it was imposed under section 775.082(8), Florida Statutes (1997). We reject these

Heath v. State

753 So. 2d 795, 2000 WL 331598

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 2566749

Cited 1 times | Published

raises various constitutional challenges to section 775.082(8), Florida Statutes, all of which this court

Hunter v. State

751 So. 2d 181, 2000 WL 146053

District Court of Appeal of Florida | Filed: Feb 11, 2000 | Docket: 150664

Cited 1 times | Published

challenges to the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997). However, we have

Medina v. State

751 So. 2d 138, 2000 WL 44118

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 1310030

Cited 1 times | Published

Prison Releasee Reoffender Act (the Act), section 775.082(8), Florida Statutes (1997). Medina raised

Edwards v. State

753 So. 2d 578, 1999 WL 1016300

District Court of Appeal of Florida | Filed: Nov 10, 1999 | Docket: 1728976

Cited 1 times | Published

sentence imposed for armed burglary pursuant to section 775.082(8), Florida Statutes (1997), known as the Prison

Cauble v. State

742 So. 2d 422, 1999 WL 770680

District Court of Appeal of Florida | Filed: Sep 10, 1999 | Docket: 2590363

Cited 1 times | Published

statutory maximum being fifteen years, see section 775.082(3)(c), Florida Statutes (1997), and two third-degree

O'NEILL v. State

661 So. 2d 1265, 1995 WL 627454

District Court of Appeal of Florida | Filed: Oct 27, 1995 | Docket: 531958

Cited 1 times | Published

of imprisonment not to exceed five years (section 775.082(3)(d)) and/or a fine of up to $5,000 (section

Harvis v. State of Florida

District Court of Appeal of Florida | Filed: Sep 5, 2025 | Docket: 71275648

Published

to make the necessary factual finding under section 775.082(1)(b) as to whether the juvenile defendant

Eugene Howard v. State of Florida

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71259156

Published

gravamen of his underlying petition is that section 775.082(1), Florida Statutes (1993), contains a self-executing

Isaac Greene v. the State of Florida

District Court of Appeal of Florida | Filed: Sep 3, 2025 | Docket: 71259154

Published

released from a state correctional facility. § 775.082(9)(a)1., Fla. Stat. “Upon proof from the state

Robert Everett Allen v. State of Florida

District Court of Appeal of Florida | Filed: Aug 27, 2025 | Docket: 71209489

Published

§ 316.193(3)(c)3.a., Fla. Stat. (2019); § 775.082(3)(d), Fla. Stat. (2019). Pursuant to section

Stephanie Susan Graham v. State of Florida

District Court of Appeal of Florida | Filed: Aug 20, 2025 | Docket: 71155254

Published

qualifying for a “nonstate prison sanction” under section 775.082(10), Florida Statutes (2024); and (2) she had

State of Florida v. Nyya Jahnai Herard

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71117372

Published

2019), punishable by up to five years in prison, § 775.082(3)(e), Fla. Stat. (2019). After the amendment

Nicholas G. Coullias v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098304

Published

§ 316.193(3)(a)–(c)3.a., Fla. Stat. Under section 775.082, Florida Statutes, the maximum sentence for

Jeffrey Battle v. Ricky D. Dixon, Secretary of Department of Corrections

District Court of Appeal of Florida | Filed: Aug 6, 2025 | Docket: 71039626

Published

parole until after serving 25 years in prison. § 775.082(1), Fla. Stat. (1991). Appellant’s argument that

Lloyd Newman Dubuc v. State of Florida

District Court of Appeal of Florida | Filed: Jul 18, 2025 | Docket: 70839099

Published

such a sanction could endanger the public. See § 775.082(10), Fla. Stat. (2020) (providing that when a

Easterling v. State of Florida

District Court of Appeal of Florida | Filed: May 14, 2025 | Docket: 70259663

Published

3 committed by an adult. See § 775.082(1)(a), Fla. Stat. The trial court appropriately

Thomas Dexter Lewis v. State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929826

Published

exceeds the statutory maximum provided for in section 775.082”). But rather than sentence the defendant

John Wayne Ballester v. State of Florida

District Court of Appeal of Florida | Filed: Apr 17, 2025 | Docket: 69905397

Published

section 775.084, Florida Statutes, and PRR under section 775.082, Florida Statutes. See, e.g., Clines v. State

Bryan Schwarz v. State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899479

Published

the remainder of the offender’s life (citing § 775.082(3)(a)4.a., Fla. Stat. (2016)); Alfonso-Roche v

Brantley v. State of Florida

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864085

Published

the court was as the State described. Under section 775.082(3)(e), Florida Statutes, the statutory maximum

Jose Luis Ventura v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834277

Published

erroneous belief that it lacked discretion under section 775.082(4)(d), Florida Statutes (2021), is irremediable

Juan F. Perez v. State of Florida

District Court of Appeal of Florida | Filed: Mar 21, 2025 | Docket: 69766587

Published

based on his second degree felony conviction. § 775.082(3)(d), Fla. Stat. However, Perez's twenty-five-year

Willie James McCray v. State of Florida

District Court of Appeal of Florida | Filed: Mar 12, 2025 | Docket: 69728628

Published

which qualifies for PRR punishment pursuant to section 775.082(9)(a)1.o., Florida Statutes (2023). State v

MacEda v. State of Florida

District Court of Appeal of Florida | Filed: Mar 12, 2025 | Docket: 69728106

Published

render those findings in writing as required by section 775.082(1)(b)3, Florida Statutes (2021). Accordingly

Erester Markque Ashford v. State of Florida

District Court of Appeal of Florida | Filed: Mar 7, 2025 | Docket: 69354856

Published

him a prison releasee reoffender pursuant to section 775.082(9), Florida Statutes (2021), and sentenced

Seago v. State of Florida

District Court of Appeal of Florida | Filed: Mar 7, 2025 | Docket: 69714512

Published

So. 3d 687 (Fla. 2d DCA 2011). 1 See § 775.082(9)(a)3.a, Fla. Stat. (2004). Pursuant to this

Earnest Hill v. State of Florida

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674145

Published

the availability of a PRR sentence under section 775.082(9), Florida Statutes, expired once the trial

In Re: Amendments to Florida Rule of Criminal Procedure 3.802

Supreme Court of Florida | Filed: Feb 20, 2025 | Docket: 69656134

Published

juvenile offender is sentenced to life under section 775.082(1)(b)1., Florida Statutes, or to a term of

Marco T. Denson v. State of Florida

District Court of Appeal of Florida | Filed: Jan 28, 2025 | Docket: 69587088

Published

within three years after his release from prison. § 775.082(9), Fla. Stat. (2010). We rejected this argument

Jeffrey Linden v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455591

Published

opinion in Lewars and the plain language of section 775.082(9)(a)1[.] ‘may be raised in a timely postconviction

Mathis v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455318

Published

release from custody on a prior offense. See § 775.082(9)(a)1, Fla. Stat. (2023); Calloway v. State,

Morrow v. State of Florida

District Court of Appeal of Florida | Filed: Dec 11, 2024 | Docket: 69455577

Published

punishable by up to fifteen years in prison. See § 775.082(3)(d), Fla. Stat. (2021). Morrow pleaded

Kierra Taylor v. State of Florida

District Court of Appeal of Florida | Filed: Oct 23, 2024 | Docket: 69301671

Published

exceeds the sentence permitted pursuant to section 775.082(10), which she interprets as allowing only

KYLE KENNETH KLICK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2024 | Docket: 68357951

Published

sentenced to a nonstate prison sanction. See § 775.082(10), Fla. Stat. (2019). The trial court adjudicated

MICHAEL ALLEN LOVETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 69050271

Published

prison. See § 784.041(1), (3), Fla. Stat. (2018); § 775.082(3)(e), Fla. Stat. (2018). The PRR statute, however

SERRANO-DELGADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 68448526

Published

the time of the offenses. See § 794.011(2)(a); § 775.082(1)(b)2, Fla. Stat. (2020); State v. Hogan, 451

Ricardo Bryan v. State of Florida

District Court of Appeal of Florida | Filed: Aug 7, 2024 | Docket: 69022740

Published

third-degree felony is five years in prison. § 775.082(3)(e), Fla. Stat. (2017). This maximum may be

Minor Catledge v. State of Florida

District Court of Appeal of Florida | Filed: Jul 12, 2024 | Docket: 68420104

Published

judgment and sentences without further comment. See § 775.082, 1 See Anders v. California, 386 U.S

DUPREE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 10, 2024 | Docket: 68057998

Published

is a prison releasee reoffender. 1 See § 775.082(9)(a)3, Fla. Stat. (2014). Once the State exercises

Kenon v. State of Florida

District Court of Appeal of Florida | Filed: Apr 24, 2024 | Docket: 68465744

Published

court-imposed sentence in accordance with section 775.082(8)(B).” This language, if implemented, would

Colby McCoggle v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422870

Published

with parole eligibility after twenty-five years. § 775.082(1), Fla. Stat. (1993) (emphasis added) (“A person

Micole Atiya Jefferson v. State of Florida

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68403488

Published

a prison releasee reoffender (“PRR”) under section 775.082(9), Florida Statutes (2017) (the “PRR statute”)

ROBERT D. GARNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 8, 2024 | Docket: 64921121

Published

v. State, 160 So. 3d 393, 395 (Fla. 2015). Section 775.082(1)(b)1 states that a juvenile convicted of

Volvick Vassor v. State of Florida

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313531

Published

Affirmed. See § 782.04(1)(b), Fla. Stat. (2011); § 775.082, Fla. Stat. (2011); see also Graham v. State,

Jacolby Jarmon Roberson v. State of Florida

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290263

Published

the PRR portion of the sentence.” Id. (citing § 775.082(9)(c), Fla. Stat. (2015)). Unable to determine

ROBERT L. BATTLE, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 23, 2024 | Docket: 68034430

Published

of which was nondiscretionary. 1 Section 775.082(9)(a), Florida Statutes (2000), mandates a

HERBERT LEON MANAGO, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 16, 2024 | Docket: 68259688

Published

either: (1) resentence Mr. Manago pursuant to section 775.082(1)(b)2., Florida Statutes, or (2) if requested

Cristian Pozos v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249803

Published

On appeal, the defendant argues that under section 775.082(10), Florida Statutes (2018), because he qualified

Anthony Frazier v. The State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249796

Published

defendant to “a term of imprisonment for life.” § 775.082(9)(a)3.a., Fla. Stat. (2022). In addition, the

Corey B. Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Feb 14, 2024 | Docket: 68249557

Published

State, 260 So. 3d 147, 150 (Fla. 2018), held section 775.082(10) unconstitutional. Brown does not

The State of Florida v. Daniel Arshadnia

District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103690

Published

cannabinoids,” punishable as provided in § 775.082, § 775.083, or § 775.084. 2. If the quantity

In Re: Amendments to Florida Rules of Criminal Procedure 3.030 and 3.704

Supreme Court of Florida | Filed: Dec 7, 2023 | Docket: 68069463

Published

can sentence a defendant to prison under section 775.082(10), Florida Statutes. This is consistent

ROBERT JACOBY TURNER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053965

Published

exceeds the statutory maximum allowed under section 775.082(9)(a), Florida Statutes, and that the 30-year

TREVORISSE THOMAS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 1, 2023 | Docket: 68053963

Published

sentence of up to fifteen years as provided in section 775.082(3)(c), Florida Statutes (2009).1 1 The

State of Florida v. Herbert Leon Manago, Jr.

Supreme Court of Florida | Filed: Nov 30, 2023 | Docket: 68048304

Published

purposes only with the retroactive application of section 775.082(1)(b), Florida Statutes (2014), as part of

FELIX DE LA HOZ v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 23, 2023 | Docket: 67718512

Published

BOKOR, JJ. PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (1988) (“A person who has been

JARRED RASHAD BURGESS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 21, 2023 | Docket: 68034429

Published

consolidated appeal includes a 2 See § 775.082(3)(e), Fla. Stat. (2019).

JARRED RASHAD BURGESS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 21, 2023 | Docket: 68034430

Published

consolidated appeal includes a 2 See § 775.082(3)(e), Fla. Stat. (2019).

JARRED RASHAD BURGESS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 21, 2023 | Docket: 68034428

Published

consolidated appeal includes a 2 See § 775.082(3)(e), Fla. Stat. (2019).

HUNTER THOMAS BOESCH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 63180078

Published

conspiracy to commit robbery/burglary. He argues section 775.082(1)(a), Florida Statutes (2016), is unconstitutional

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538863

Published

sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine if the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538863

Published

sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine if the

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538863

Published

sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine if the

JARRED RASHAD BURGESS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 16, 2023 | Docket: 68034430

Published

2021-CF-533 in all respects. 2 See § 775.082(3)(e), Fla. Stat. (2019). 3 We also

JARRED RASHAD BURGESS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 16, 2023 | Docket: 68034428

Published

2021-CF-533 in all respects. 2 See § 775.082(3)(e), Fla. Stat. (2019). 3 We also

JARRED RASHAD BURGESS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 16, 2023 | Docket: 68034429

Published

2021-CF-533 in all respects. 2 See § 775.082(3)(e), Fla. Stat. (2019). 3 We also

EDUARDO LUIS GALIANA v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419161

Published

statutory maximum sentence as provided in [section 775.082, Florida Statutes], the sentence required

BLAKE LEE MARCH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 67221681

Published

in the prison release reoffender statute, section 775.082(9)(a)1., Florida Statutes (2021), he could

JUAN CRESENCIO MATOS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 65358325

Published

that appellant was to be sentenced based on section 775.082(3)(a)6., Florida Statutes (2018), which states:

RICKY RYLAND v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 12, 2023 | Docket: 67174376

Published

414 (Fla. 3d DCA 2005) (“The Apprendi 1 § 775.082(9), Fla. Stat. 2 Apprendi v. United States,

MADDIE LANGLOIS vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 11, 2023 | Docket: 66777680

Published

CURIAM. AFFIRMED. See Florida Statutes Section 775.082(10). WALLIS, EDWARDS and EISNAUGLE, JJ., concur

ANDRES DUQUESNE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 5, 2023 | Docket: 65879215

Published

each of those offenses was five years under section 775.082(3)(e), Florida Statutes (2015), absent some

VICTOR CARABALLO v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068608

Published

punishable as provided in [section 775.082, Florida Statutes].”); § 775.082(1), Fla. Stat. (2002) (“A

RANDY WASHINGTON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068609

Published

because act affected two separate victims); § 775.082(1), Fla. Stat. (1989) (“A person who has been

BERNARD PIERRE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 1, 2023 | Docket: 66917362

Published

ten-year mandatory minimum for each. 3 See § 775.082(3)(b), Fla. Stat. (2008) (providing generally

CHRISTIAN QUISPE v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738050

Published

Quispe’s eligibility for PRR sentencing. See § 775.082(9)(a)3., Fla. Stat. (providing that a defendant

JEREMY E. LYNN vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 14, 2022 | Docket: 64984009

Published

13(6)(a), Fla. Stat. (2020). 4 See § 775.082(3)(e), Fla. Stat. (2020).

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

4 review. Compare § 775.082(1)(b)3., (3)(a)5.c., (3)(b)2.c. with § 775.082(3)(c). * Nonetheless

JOHN MATTHEWS BAKER v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346516

Published

LPS exceeds the statutory maximum penalty in section 775.082, the LPS is both the minimum sentence and the

DAMON DARLING v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 31, 2022 | Docket: 64937038

Published

to a sentence not to exceed thirty years. See § 775.082(3)(b), Fla. Stat. Accordingly, Darling’s

QUINTON LAMAR JOHNSON vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 2, 2022 | Docket: 68035304

Published

Appellee. PER CURIAM. AFFIRMED. See § 775.082(3)(a)3., Fla. Stat. (2008); Robinson v. State

DANIEL DELEON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64865074

Published

the merits and reviewed on appeal.”); see also § 775.082(3)(b), Fla. Stat. (2005) (emphasis added) (authorizing

ANTHONY SAMPSON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435978

Published

(classifying grand theft as third-degree felony); § 775.082(3), Fla. Stat. (1997) (providing third-degree

ROBERT TROTTMAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 8, 2022 | Docket: 63369340

Published

battery offense, which is a life felony offense, section 775.082(3)(a), Florida Statutes (1991), provided that

CHRISTOPHER TAVARIS DEAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 13, 2022 | Docket: 63232490

Published

sentenced as provided in this subsection. § 775.082(9)(d)1., Fla. Stat. (2004) (emphasis added). 2

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Mar 24, 2022 | Docket: 63183508

Published

sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine if the

SHAWN ANTHONY SINGLETARY v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162401

Published

intent that would support a sentence under section 775.082(1)(b)(1) but recognizing that ‘a finding of

ALBERT E. NARVAEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 16, 2022 | Docket: 63162697

Published

Prison Release Reoffender Act codified in section 775.082, Florida Statutes (2018), I would certify the

KELLY PETERSON MILLIEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 2, 2022 | Docket: 63127636

Published

months 2 in prison. The maximum sentence under section 775.082 for Millien’s primary offense, lewd or lascivious

In Re: Amendments to the Florida Rules of Criminal Procedure

Supreme Court of Florida | Filed: Dec 16, 2021 | Docket: 61622079

Published

is convicted of an offense punishable under section 775.082(1)(b)1., Florida Statutes, shall not be eligible

DOMONIQUE SMITH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858272

Published

violence against an individual.’” (quoting section 775.082(9)(a)1(o), Fla. Stat. (2006))).

REKEY DAVIES BELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858348

Published

MAXIMUM PRISON SENTENCE PROVIDED IN SECTION 775.082, FLORIDA STATUTES? Remand is also

ALPHONSO LUCAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 3, 2021 | Docket: 60695048

Published

without parole eligibility, as provided in section 775.082(1)(a)). The sentences imposed on the remaining

ALPHONSO LUCAS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627047

Published

without parole eligibility, as provided in section 775.082(1)(a)). The sentences imposed on the remaining

Henry James Washington v. State of Florida

District Court of Appeal of Florida | Filed: Sep 29, 2021 | Docket: 60498292

Published

second-degree felony. See § 775.082(3)(c), Fla. Stat. (2013) (current version at § 775.082(3)(d), Fla. Stat.

WILLIAM FENNELL PITTMAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 24, 2021 | Docket: 60451654

Published

McDaniel, Judge. PER CURIAM. Affirmed. See § 775.082(9)(a)(3), Fla. Stat. (1999); Fla. R. Crim. P

STATE OF FLORIDA v. BRYANT MOSS

District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385579

Published

prison releasee reoffender statute (“PRR”), section 775.082(8), Florida Statutes (1997). The court analogized

DAVID PUZIO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 11, 2021 | Docket: 60123709

Published

erred when resentencing the defendant under section 775.082(1)(b)1., Florida Statutes (2017), because “no

David Puzio v. State of Florida

Supreme Court of Florida | Filed: Jun 24, 2021 | Docket: 60009914

Published

where, in sentencing a juvenile offender under section 775.082(1)(b), Florida Statutes (2020), the trial

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 2, 2021 | Docket: 59954653

Published

molestation counts. The State advised that section 775.082(3)(a)4., Florida Statutes, gave the trial court

JOHN POWERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 14, 2021 | Docket: 59819924

Published

in s. 775.082, s. 775.083, or s. 775.084.” Section 775.082(3)(c), Florida Statutes (2011), further provides

State of Florida v. Ridge Gabriel

Supreme Court of Florida | Filed: Apr 8, 2021 | Docket: 59804367

Published

exception both refer to section 775.082, Florida Statutes (2012). Section 775.082 is titled “Penalties;

KENNETH WILLINGHAM v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 31, 2021 | Docket: 59780277

Published

from a corrections facility, qualifies as a PRR. § 775.082(9)(a)1.g., Fla. Stat. (2016). Once the State establishes

ALPHURS VERNON SYMONETTE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 24, 2021 | Docket: 59759015

Published

qualifying offenses under the PRR statute. See § 775.082(9)(a)(1), Fla. Stat. (2013). The state correctly

PABLO DIAZ v. State

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295937

Published

intent to seek enhanced sentencing under section 775.082, Florida Statutes (2003), and, after a jury

MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295950

Published

molestation counts. The State advised that section 775.082(3)(a)4., Florida Statutes (2016), gave the

MOHAMED DONALD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241590

Published

The circuit court denied the motion. Section 775.082(10), Florida Statutes (2016) provides that

Juan C. Casiano v. State of Florida

Supreme Court of Florida | Filed: Jan 28, 2021 | Docket: 50037786

Published

trial court’s dangerousness finding under section 775.082(10), Florida Statutes (2019) (subsection (10))

CHRISTOPHER LAMAR SOLS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 20, 2021 | Docket: 31030607

Published

would be sentenced to life in prison under section 775.082(1), Florida Statutes (2011), with a mandatory

DULIE ALONZO GREEN, JR. v. State

District Court of Appeal of Florida | Filed: Dec 23, 2020 | Docket: 20622445

Published

and Miller. Chapter 2014-220 amended section 775.082(1)(b), Florida Statutes, to provide as follows:

DEANGELO LAVANDER FAIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 9, 2020 | Docket: 18726939

Published

sentence in accordance with s. 921.1402(2)(d).” § 775.082(3)(c), Fla. Stat. (2019). Section 921.1402, Florida

KESHAWN BENJAMIN SHIVERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706932

Published

eligible for sentence review of this offense. See § 775.082(3)(c), Fla. Stat. But he argues denying him review

KESHAWN BENJAMIN SHIVERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 2, 2020 | Docket: 18706932

Published

eligible for sentence review of this offense. See § 775.082(3)(c), Fla. Stat. But he argues denying him review

United States v. Elijah Hasan Jones

Court of Appeals for the Eleventh Circuit | Filed: Oct 8, 2020 | Docket: 18518056

Published

13(1)(a)(1), § 775.082(3)(d); cocaine and marijuana possession, id. § 893.13(1)(a)(1)–(2), § 775.082(3)(d)–(e);

United States v. James Innocent

Court of Appeals for the Eleventh Circuit | Filed: Oct 8, 2020 | Docket: 18518054

Published

13(1)(a)(1), § 775.082(3)(d); cocaine and marijuana possession, id. § 893.13(1)(a)(1)–(2), § 775.082(3)(d)–(e);

JAMES E. LONG v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370652

Published

of the Florida and out-of-state statutes. See § 775.082(9)(a)1.k., Fla. Stat. (2016); see also Hankins

ROGYNE O'NEAL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 17, 2020 | Docket: 17256298

Published

mandatory minimum forty years in prison under section 775.082(1)(b)1., Florida Statutes (2018), for first

RYAN CHRISTOPHER BUCHMANN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 29, 2020 | Docket: 17109566

Published

revival to justify his prison sentence under section 775.082(10), Florida Statutes (2018). We agree and

GUSTAVO ENAMORADO DUBON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289

Published

required to sentence appellant pursuant to section 775.082(1)(b)2., Florida Statutes, because the jury

CHRISTOPHER TAVARIS DEAN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 8, 2020 | Docket: 17052274

Published

merely “prove up” PRR qualification, see generally § 775.082(9)(d)1., Fla. Stat., and that if the state elects

MICHELLE A HOLLINGSWORTH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033713

Published

than twenty- two scoresheet points. As such, section 775.082(10), Florida Statutes (2018) required that

STATE OF FLORIDA v. JOVON DIXON

District Court of Appeal of Florida | Filed: Mar 11, 2020 | Docket: 16955828

Published

releasee reoffender (“PRR”) sentence pursuant to section 775.082(9)(b), Florida Statutes (2015). The trial court

Keita Jermaine Gaymon v. State of Florida

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761630

Published

the second sentence in subsection (10) of section 775.082, Florida Statutes, which authorizes a

TIMOTHY JAMES MORRIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738434

Published

Prison Releasee Reoffender (PRR) pursuant to section 775.082(9), Florida Statutes (2016). In the proceedings

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-02

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761658

Published

a juvenile at the time of the crime alleged. § 775.082(1)(b), Fla. Stat. Williams v. State, 242 So. 3d

DAREK LEE LEWIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523248

Published

less than 22 points, his sentence fell under section 775.082(10), Florida Statutes (2018), which provides:

PATRICK RIVERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523156

Published

Judge. PER CURIAM. Affirmed. See § 775.082(9)(a)(1)(g), (9)(a)(1)(p), Fla. Stat. (2014);

PATRICK RIVERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523156

Published

Judge. PER CURIAM. Affirmed. See § 775.082(9)(a)(1)(g), (9)(a)(1)(p), Fla. Stat. (2014);

DUSTIN ALLAN WAYMAN SIMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 27, 2019 | Docket: 16523247

Published

prison, does not satisfy the requirements of section 775.082(9)(a)1., Florida Statutes. Id. Based on

RICHARD WILLIAMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 6, 2019 | Docket: 16432693

Published

penalty for a first-degree felony is governed by section 775.082(3)(b)(1), Florida Statutes (2015), which provides

TITO MORELL v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280847

Published

punishable by fifteen years' imprisonment. See § 775.082(3)(c), Fla. Stat. (2009). He acknowledged that

ANDRES RODRIGUEZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 2, 2019 | Docket: 16280845

Published

se. PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (2008); Tucker v. State, 726 So

JUAN C. CASIANO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211768

Published

finding that he was a danger to the public under section 775.082(10), Florida Statutes (2018). Second, he argues

Marcus Hezekiah Singleton v. State of Florida

District Court of Appeal of Florida | Filed: Sep 9, 2019 | Docket: 16168746

Published

a sentence for a prior qualifying conviction. § 775.082(9), Fla. Stat. (2016). The predicate offense for

Travis D. Marshall v. State of Florida

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16104173

Published

sentence is punishable by more than one year. § 775.082(9)(a), Fla. Stat. (2017). If the State seeks PRR

Terrence Jamar Graham v. State of Florida

District Court of Appeal of Florida | Filed: Aug 14, 2019 | Docket: 16055039

Published

nonhomicide offenders. Graham claimed that under section 775.082, juvenile homicide offenders are entitled to

Edward Abruscato v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2019 | Docket: 16049256

Published

that the statutory maximum as provided in section 775.082[] is exceeded by the lowest permissible sentence

DAVID PUZIO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 7, 2019 | Docket: 16025087

Published

him on the first degree murder counts under section 775.082(1)(b)1., Florida Statutes (2017), when no jury

NATHAN S. THORNTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960206

Published

sentence for each offense was forty years. See § 775.082(3)(a), Fla. Stat. (1989) ("[F]or a life

Gregory L. Mattox Jr. v. State of Florida

District Court of Appeal of Florida | Filed: Jul 22, 2019 | Docket: 15947707

Published

less than the sentence to be imposed under section 775.082(1).” Id. Here, the trial court chose

BROOKS JOHN BELLAY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897439

Published

See Nelms, 263 So. 3d at 89. Specifically, section 775.082 was amended to provide the statutory penalties

Riordan v. State

275 So. 3d 226

District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 64719072

Published

constitutionality of section 775.082(10), Florida Statutes (2016). Riordan argues that, even if section 775.082(10) was

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 15835847

Published

(Fla. 2015) (holding that the 2014 version of section 775.082(1)(b)(1) applies retroactively "to all

Piccinini v. State

275 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719063

Published

71 So. 3d 173, 175 (Fla. 1st DCA 2011) ). Section 775.082(10), Florida Statutes (2015), provides: If

Gordon v. State

274 So. 3d 1212

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 64718953

Published

PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (2002) ; England v. State, 940 So. 2d 389 (Fla. 2006)

Gordon v. State

274 So. 3d 1212

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 64718952

Published

PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (2002) ; England v. State, 940 So. 2d 389 (Fla. 2006)

ERIC DAMON GORDON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 15798553

Published

Judge. PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (2002); England v. State, 940 So

Tamika Reese v. State of Florida

274 So. 3d 527

District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762807

Published

defendant in accordance with the provisions of section 775.082(9), Florida Statutes. A trial court does not

Bernard v. State

274 So. 3d 468

District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 64718304

Published

attempted first-degree murder conviction under § 775.082(3)(a)5, Fla. Stat.).

Bernard v. State

274 So. 3d 468

District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 64718305

Published

attempted first-degree murder conviction under § 775.082(3)(a)5, Fla. Stat.).

JEFFREY A HELMS v. STATE OF FLORIDA

271 So. 3d 1030

District Court of Appeal of Florida | Filed: May 15, 2019 | Docket: 15566690

Published

appellant does not qualify as a PRR under section 775.082(9)(a)1., Florida Statutes (2017). 1 In Lewars

DAVID PUZIO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071955

Published

him on the first degree murder counts under section 775.082(1)(b)1., Florida Statutes (2017), when no jury

Smith v. State

274 So. 3d 1140

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 64718901

Published

PER CURIAM. *1141Affirmed. See § 775.082(3)(a), Fla. Stat. (1983) (providing that a person who has been

Charles v. State

272 So. 3d 1253

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 64715728

Published

PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (2012) ; Williams v. State, 707 So. 2d 683 (Fla.

Charles v. State

272 So. 3d 1253

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 64715729

Published

PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (2012) ; Williams v. State, 707 So. 2d 683 (Fla.

TROY ANTHONY CHARLES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034010

Published

Judge. PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (2012); Williams v. State, 707

Smith v. State

274 So. 3d 1140

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 64718900

Published

PER CURIAM. *1141Affirmed. See § 775.082(3)(a), Fla. Stat. (1983) (providing that a person who has been

State v. Freixa

271 So. 3d 1178

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64714198

Published

259 So.3d 793 (Fla. 2018) (explaining that section 775.082(9)(a)(1), Fla. Stat. (2012), unambiguously

State v. Freixa

271 So. 3d 1178

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64714197

Published

259 So.3d 793 (Fla. 2018) (explaining that section 775.082(9)(a)(1), Fla. Stat. (2012), unambiguously

Champagne v. State

269 So. 3d 629

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712523

Published

clearly in excess of the maximum provided by section 775.082, Florida Statutes (2005) ; therefore, we must

Albert Delon v. State of Florida

268 So. 3d 945

District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973302

Published

Corrections or a private vendor. See § 775.082(9)(a)1., Fla. Stat. (2010) (defining a PRR as

Theron Sapp v. State of Florida

268 So. 3d 935

District Court of Appeal of Florida | Filed: Apr 22, 2019 | Docket: 14973288

Published

mandatory for being a prison releasee reoffender. See § 775.082(9)(a)3., Fla. Stat. Sapp filed a motion to correct

JONATHAN LACUE v. STATE OF FLORIDA

270 So. 3d 413

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950647

Published

trial court to provide for sentence review. See § 775.082(1)(b)3., Fla. Stat. (2017) (“The court shall make

Wyndel R. Hall v. Secretary, Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2019 | Docket: 14945951

Published

407, 437, 128 S. Ct. 2641, 2659 (2008); Fla. Stat. 775.082(2).

JEREMY LIVINGSTONE v. STATE OF FLORIDA

268 So. 3d 252

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 14925788

Published

"prison releasee reoffender" included in section 775.082(9)(a)(1) and (9)(a)(2) "show[] that the

Keita Jermaine Gaymon v. State of Florida

268 So. 3d 222

District Court of Appeal of Florida | Filed: Apr 11, 2019 | Docket: 14916716

Published

sentencing points, Gaymon argues that pursuant to section 775.082(10), Florida Statutes (2015), the trial court

OTNIEL CALDERON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 14865395

Published

PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (1997); Williams v. State, 707

Buggs v. State

268 So. 3d 878

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64711799

Published

for a third-degree felony, it is illegal. See § 775.082(3)(e) ; Kelly v. State, 816 So.2d 1221, 1222 (Fla

Buggs v. State

268 So. 3d 878

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64711800

Published

for a third-degree felony, it is illegal. See § 775.082(3)(e) ; Kelly v. State, 816 So.2d 1221, 1222 (Fla

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709241

Published

second-degree felony as a youthful offender. See § 775.082(3)(d), Fla. Stat. (providing 15-year maximum sentence

Cooper v. State

267 So. 3d 558

District Court of Appeal of Florida | Filed: Mar 29, 2019 | Docket: 64709242

Published

second-degree felony as a youthful offender. See § 775.082(3)(d), Fla. Stat. (providing 15-year maximum sentence

LABRONX BAILEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2019 | Docket: 14775754

Published

trial court erred in imposing sentence under section 775.082(1)(b)(1), which provides for a forty-year minimum

CALVIN SCOTT MCDONALD v. STATE OF FLORIDA

264 So. 3d 202

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549594

Published

releasee reoffender (“PRR”). As required under section 775.082(9)(a)3., Florida Statutes, the court sentenced

Simmons v. State

273 So. 3d 116

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549568

Published

SC18-323 (Fla. Dec. 20, 2018) (holding that section 775.082(10), Florida Statutes (2015), violates Apprendi

Denegal v. State

263 So. 3d 842

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64703357

Published

as a prison releasee reoffender pursuant to section 775.082(9)(a), Florida Statutes (2011).

Denegal v. State

263 So. 3d 842

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64703356

Published

as a prison releasee reoffender pursuant to section 775.082(9)(a), Florida Statutes (2011).

DONALD E. WATERS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588072

Published

se. PER CURIAM. Affirmed. See § 775.082(9)(a)(1)(q), Fla. Stat. (2008); James v. U.S.

KEVIN NELMS v. STATE OF FLORIDA

263 So. 3d 88

District Court of Appeal of Florida | Filed: Jan 23, 2019 | Docket: 13588106

Published

in its resentencing order, as required by section 775.082(1)(b)3., Florida Statutes. We further

Fowler v. State

273 So. 3d 92

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 64716023

Published

the prison releasee reoffender provisions of section 775.082); § 775.087(1)(b) ) (providing that if, during

Fowler v. State

273 So. 3d 92

District Court of Appeal of Florida | Filed: Jan 16, 2019 | Docket: 64716024

Published

the prison releasee reoffender provisions of section 775.082); § 775.087(1)(b) ) (providing that if, during

Honor v. State

262 So. 3d 861

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 64702074

Published

committed the first-degree murder in this case, section 775.082(1), Florida Statutes (1987), provided only

Honor v. State

262 So. 3d 861

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 64702073

Published

committed the first-degree murder in this case, section 775.082(1), Florida Statutes (1987), provided only

Smith v. State

262 So. 3d 852

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64702070

Published

maximum penalty for a first-degree felony under section 775.082. The 25-year to life minimum mandatory range

Smith v. State

262 So. 3d 852

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64702071

Published

maximum penalty for a first-degree felony under section 775.082. The 25-year to life minimum mandatory range

Laverne Brown v. State of Florida

Supreme Court of Florida | Filed: Dec 20, 2018 | Docket: 14544794

Published

the Fifth District expressly declared valid section 775.082(10), Florida Statutes (2015), which requires

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-08.

259 So. 3d 754

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402543

Published

the jury to make the factual finding under section 775.082(1)(b), Florida Statutes (2016), as to whether

Tyrone Randy Johnson Jr. v. State of Florida

260 So. 3d 502

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379108

Published

public warranting an enhanced sentence under section 775.082(10), Florida Statutes (2017), was insufficient

STATE OF FLORIDA v. DOMINIQUE WRIGHT

260 So. 3d 1076

District Court of Appeal of Florida | Filed: Dec 5, 2018 | Docket: 8346791

Published

for nonhomicide juvenile offenders. Under section 775.082(3), the court must provide a nonhomicide

Eriese Alphonso Tisdale v. State of Florida – Corrected Opinion

Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342340

Published

without the possibility of parole pursuant to section 775.082(2), Florida Statutes (2012); and (3) whether

Brown v. State

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338752

Published

resentenced under section 775.082(1)(b)2., Florida Statutes (2015), not section 775.082(1)(b)1., Florida

JACOB MURRAY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 14, 2018 | Docket: 8186491

Published

Judge. PER CURIAM. Affirmed. See § 775.082(9)(a)(3), Fla. Stat. (2010); State v. Roby, 246

Eriese Alphonso Tisdale v. State of Florida

257 So. 3d 357

Supreme Court of Florida | Filed: Nov 8, 2018 | Docket: 8152238

Published

without the possibility of parole pursuant to section 775.082(2), Florida Statutes (2012) ; and (3) whether

Deshawn Hurst v. State of Florida

257 So. 3d 1202

District Court of Appeal of Florida | Filed: Nov 6, 2018 | Docket: 8140339

Published

conviction for attempted murder pursuant to section 775.082(3)(a)5.a. 2 Under subsection (3)(a)5.a., a

State of Florida v. Budry Michel

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119863

Published

sentence as low as forty years’ imprisonment. See § 775.082(1)(b)1., Fla. Stat. (2017). Moreover, and importantly

Timothy Wade Coffell v. State of Florida

257 So. 3d 1158

District Court of Appeal of Florida | Filed: Oct 31, 2018 | Docket: 8109472

Published

reflected a score of 16.9 points. Pursuant to section 775.082(10), Florida Statutes (2016), Appellant was

JAMES D. SHIMKO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040485

Published

se. PER CURIAM. Affirmed. See § 775.082(9)(b), Fla. Stat. (2006); McDonald v. State, 957

Lee v. State

257 So. 3d 1132

District Court of Appeal of Florida | Filed: Oct 17, 2018 | Docket: 8040500

Published

a first- degree felony for use of a firearm); § 775.082(3)(b)1. (providing that the maximum sentence for

RODERICK WASHINGTON v. STATE OF FLORIDA

257 So. 3d 520

District Court of Appeal of Florida | Filed: Sep 26, 2018 | Docket: 7935060

Published

life terms and two forty-year terms under section 775.082(1)(b)(1), Florida Statutes (2016), with the

Eric Donald Jackson v. State of Florida

253 So. 3d 1249

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804248

Published

total of 19 sentencing points. Pursuant to section 775.082(10), Florida Statutes (2015), the trial court

EDWARD STODDARD v. STATE OF FLORIDA

253 So. 3d 759

District Court of Appeal of Florida | Filed: Aug 22, 2018 | Docket: 7713084

Published

section 775.084, Florida Statutes (2007), section 775.082(9) does not require the State to provide written

Tyzick J. Wall v. State

251 So. 3d 1014

District Court of Appeal of Florida | Filed: Jul 16, 2018 | Docket: 7531223

Published

(2015), Wall should have been sentenced under section 775.082(3)(b)2., Florida Statutes (2015). Williams

Morgan A. Leppert v. State

249 So. 3d 1322

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7481524

Published

in making the written finding required by section 775.082(1)(b), Florida Statutes (2016). In both cases

DELMAR CASTLEBERRY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7371854

Published

se. PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (1983); Williams v. State, 707

DARNELL KENO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7371855

Published

se. PER CURIAM. Affirmed. See § 775.082(8)(a)(2), Fla. Stat. (1997); State v. Baker, 874

DAVID ELKIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7410519

Published

775.082(3)(b)2.b., Florida Statutes." Section 775.082(3)(b)(2)(b) applies to defendants convicted

DAVID ELKIN v. STATE OF FLORIDA

249 So. 3d 1316

District Court of Appeal of Florida | Filed: Jul 6, 2018 | Docket: 7371870

Published

775.082(3)(b)2.b., Florida Statutes." Section 775.082(3)(b)(2)(b) applies to defendants convicted

Joseph Turner v. State

250 So. 3d 746

District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7317162

Published

PRR portion of his sentence. See § 775.082(9)(b), Fla. Stat. (2003). In the present

ALDEN BENJAMIN WHITE v. STATE OF FLORIDA

244 So. 3d 1130

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7062007

Published

the trial court to provide for sentence review. § 775.082(3)(a)5.c. Fla. Stat. (2016) (“The court shall

Hernandez v. State

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716296

Published

Chapter 2014-220, Laws of Florida, amending section 775.082, Florida Statutes, and adding new sections

CALVIN MELVIN v. STATE OF FLORIDA

246 So. 3d 424

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6521879

Published

sanction would present a danger to the public. See § 775.082(10), Fla. Stat. (2013). In considering the propriety

Raheem Timothy Morris v. State of Florida

246 So. 3d 514

District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384502

Published

of the first-degree is thirty years under section 775.082(3)(b), Florida Statutes (2015). See Spencer

DENNIS GUYTON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383114

Published

se. PER CURIAM. Affirmed. See § 775.082(9)(a)(1)(q), Fla. Stat. (2011); James v. U.S.

FRED GRAY v. STATE OF FLORIDA

243 So. 3d 994

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366318

Published

96-19656CF10A and 96-20930CF10A. Section 775.082(9)(a)(1), Florida Statutes, provides that a

BERNARD DAVIS v. STATE OF FLORIDA

244 So. 3d 312

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366324

Published

maximum punishment for a third-degree felony. § 775.082(3)(e)., Fla. Stat. (2014). Under these circumstances

DEMETRIUS ELLIOT v. STATE OF FLORIDA

243 So. 3d 418

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366321

Published

releasee reoffender mandatory minimum pursuant to section 775.082. On Count III, the court sentenced appellant

EDGAR REYNEL PAZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354198

Published

PER CURIAM. Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2000); Moore v. State, 882

EDGAR REYNEL PAZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354198

Published

PER CURIAM. Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2000); Moore v. State, 882

LUTHER BASSE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354184

Published

se. PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (1991); Hannon v. State, 228 So

MICHAEL WALLACH v. STATE OF FLORIDA

242 So. 3d 442

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354244

Published

-2- second degree is fifteen years. § 775.082(3)(d). The twenty-year sentence imposed is illegal

Humphrey v. State

239 So. 3d 718

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 64674960

Published

physical force or violence against an individual." § 775.082(9)(a)1., Fla. Stat. (2005). The only enumerated

Williams v. State

242 So. 3d 1102

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 64678099

Published

PER CURIAM. Affirmed. See § 775.082(9)(a)(1), Fla. Stat. (2006) ; State v. King, 426 So. 2d 12 (Fla

WILLIE WILLIAMS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326551

Published

se. PER CURIAM. Affirmed. See § 775.082(9)(a)(1), Fla. Stat. (2006); State v. King, 426

DAVID ELKIN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318516

Published

Laws of Florida, which extensively amended section 775.082 to provide penalties for juveniles convicted

Samuel Byrd v. State of Florida

238 So. 3d 917

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318681

Published

beyond the statutory maximum of thirty years. § 775.082(3)(b), Fla. Stat. Accordingly, we reverse

James Taylor v. State

238 So. 3d 896

District Court of Appeal of Florida | Filed: Feb 19, 2018 | Docket: 6322696

Published

and this timely appeal followed. Section 775.082(10), Florida Statutes (2016), provides:

CHRISTIN BILOTTI v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 14, 2018 | Docket: 6304719

Published

kill, or attempt to kill the victim. See also § 775.082(3)(a)(5)(c), Fla. Stat. (2015). Section 921.1402

Demetrius C. Cooper v. State

235 So. 3d 1034

District Court of Appeal of Florida | Filed: Jan 12, 2018 | Docket: 6262725

Published

have received for, a second-degree felony. See § 775.082(3)(d), Fla. Stat. (providing 15-year maximum sentence

Tyrone Williams v. State of Florida

Supreme Court of Florida | Filed: Dec 21, 2017 | Docket: 6245757

Published

exceeds the statutory maximum provided for in section 775.082.” Id. at 742. As explained below, we decline

Burks v. State

237 So. 3d 1060

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240848

Published

sentence as a prison releasee reoffender under section 775.082(9)(a)(3)(a), Florida Statutes (2007), the trial

Taylor v. State

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236456

Published

this case present the issue of interpreting section 775.082(9)(a)(1), Florida Statutes, part of the Prison

Knight v. State

253 So. 3d 22

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6235083

Published

which the maximum sentence is 15 years under section 775.082(3)(c), Florida Statutes (1977). An

Darriue Montgomery v. State

230 So. 3d 1256

District Court of Appeal of Florida | Filed: Nov 9, 2017 | Docket: 6225688

Published

to hold a juvenile sentencing hearing under section 775.082(3)(c), and make the necessary findings in

Brown v. State

235 So. 3d 971

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219433

Published

entitlement to a sentence review as now required by section 775.082(3)(a)(5)(c), Florida Statutes (2014), we remand

CHRISTOPHER DONNELL WILLIAMS v. STATE OF FLORIDA

230 So. 3d 30

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219443

Published

term of incarceration not exceeding one year. § 775.082(4)(a), Fla. Stat. (2016). As both the state

JAMES EDDIE YOUNG v. STATE OF FLORIDA

229 So. 3d 866

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167440

Published

the" maximum sentence for a life felony. See § 775.082(3)(b), Fla. Stat. (1975) (providing that certain

Matias v. State

228 So. 3d 677, 2017 WL 4518529

District Court of Appeal of Florida | Filed: Oct 11, 2017 | Docket: 6167375

Published

sentences after twenty years. 2 Section 775.082(3)(c), Florida Statutes (2017), provides that

Secong v. State

225 So. 3d 909, 2017 WL 3160849, 2017 Fla. App. LEXIS 10646

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126090

Published

failed to comply with the requirements of • section 775.082(10) of the Florida Statutes by its not making

Collins v. State

228 So. 3d 1160, 2017 WL 3122205

District Court of Appeal of Florida | Filed: Jul 24, 2017 | Docket: 60278620

Published

sentence beyond the statutory maximum of 30 years. § 775.082(3)(b), Fla. Stat. (2007). Accordingly, we reverse

Cannon v. State

225 So. 3d 896, 2017 WL 3080338

District Court of Appeal of Florida | Filed: Jul 20, 2017 | Docket: 60274125

Published

sentenced pursuant to a revised version of section 775.082(3), Florida Statutes, that was not yet in effect

JOHNNY TREVON COOK v. STATE OF FLORIDA

225 So. 3d 268, 2017 WL 3085341, 2017 Fla. App. LEXIS 10450

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122339

Published

findings are required by statute. See § 775.082(3)(b)2.c., Fla. Stat. (2016) (providing that “[t]he

KEVIN CUTTS v. STATE OF FLORIDA

225 So. 3d 244, 2017 WL 2858912, 2017 Fla. App. LEXIS 9645

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085987

Published

the sentence. Those findings are required by section 775.082(1)(b)3., Florida Statutes (2016). While the

KEVIN CUTTS v. STATE OF FLORIDA

225 So. 3d 244, 2017 WL 2858912, 2017 Fla. App. LEXIS 9645

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085987

Published

the sentence. Those findings are required by section 775.082(1)(b)3., Florida Statutes (2016). While the

Donald Davis, Jr. v. State

District Court of Appeal of Florida | Filed: Jul 3, 2017 | Docket: 6119613

Published

We agree, and remand for resentencing. See § 775.082(3)(c), Fla. Stat. (2016); § 921.1402(2)(d), Fla

& SC16-399 Matthew Lee Caylor v. State of Florida and Matthew Lee Caylor v. Julie L. Jones, etc.

218 So. 3d 416

Supreme Court of Florida | Filed: May 18, 2017 | Docket: 6063850

Published

filed with this Court. He contends that (1) section 775.082(2) requires that all death-sentenced capital

Lewars v. State

District Court of Appeal of Florida | Filed: May 12, 2017 | Docket: 6061249

Published

qualify as one under the plain language of section 775.082(9)(a)(1)(q), Florida Statutes (2012). 1 Accordingly

Sterling Allen Johnson v. State of Florida

219 So. 3d 167, 2017 WL 1829285, 2017 Fla. App. LEXIS 6358

District Court of Appeal of Florida | Filed: May 5, 2017 | Docket: 6058953

Published

produced a score of 5.6 points. Pursuant to section 775.082(10), Florida Statutes, the presumptive sentence

McCarthy v. State

214 So. 3d 790, 2017 WL 1277739, 2017 Fla. App. LEXIS 4571

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669309

Published

court sentenced him to prison pursuant to section 775.082(10), Florida Statutes (2010). We conclude that

Roger D. Seeley v. State

214 So. 3d 783, 2017 WL 1202632, 2017 Fla. App. LEXIS 4424

District Court of Appeal of Florida | Filed: Mar 31, 2017 | Docket: 4670150

Published

twenty-five years’ incarceration. § 775.082(1), Fla. Stat. (1993); § 775.082(1), Fla. Stat. (1994) (effective

Jones v. State

214 So. 3d 774, 2017 WL 1175882, 2017 Fla. App. LEXIS 4161

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264232

Published

term of imprisonment not exceeding 15 years.” § 775.082(3)(c), Fla. Stat. (2010). The “term of imprisonment”

Morgan A. Leppert v. State

215 So. 3d 146, 2017 WL 1202671, 2017 Fla. App. LEXIS 4419

District Court of Appeal of Florida | Filed: Mar 27, 2017 | Docket: 4670153

Published

court made the requisite finding required by section 775.082, Florida Statutes (2016), that Leppert killed

Kenneth R. Jackson v. State of Florida

213 So. 3d 754, 42 Fla. L. Weekly Supp. 361, 2017 WL 1090546, 2017 Fla. LEXIS 648

Supreme Court of Florida | Filed: Mar 23, 2017 | Docket: 4620937

Published

these issues, including the inapplicability of section 775.082, Florida Statutes, in Hurst, 202 So.3d at 65-66

Carter v. State

215 So. 3d 125, 2017 WL 1018513, 2017 Fla. App. LEXIS 3463

District Court of Appeal of Florida | Filed: Mar 15, 2017 | Docket: 4617680

Published

court for the appropriate resentencing under section 775.082(3)(c), Florida Statutes and section 921.1401

Angel Colon v. State

211 So. 3d 355, 2017 WL 728066, 2017 Fla. App. LEXIS 2533

District Court of Appeal of Florida | Filed: Feb 24, 2017 | Docket: 4613150

Published

TRIAL COURT TO MAKE FACTUAL FINDINGS UNDER SECTION 775.082(l)(b), FLORIDA STATUTES (2016), AS TO WHETHER

Kenneth J Terry v. State of Florida

207 So. 3d 1037, 2017 WL 469794, 2017 Fla. App. LEXIS 1393

District Court of Appeal of Florida | Filed: Feb 3, 2017 | Docket: 4579987

Published

written findings, we agree. Pursuant to section 775.082(10), Florida Statutes (2015), when a defendant

Paul Durousseau v. State of Florida

218 So. 3d 405, 42 Fla. L. Weekly Supp. 124, 2017 Fla. LEXIS 228

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577412

Published

remanding for imposition of a life sentence. See § 775.082(2), Fla. Stat. (2016). As I explained fully in

& SC15-1233 Richard Knight v. State of Florida & Richard Knight v. Julie L. Jones, etc.

225 So. 3d 661

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577416

Published

dissent from the majority’s determination that section 775.082(2), Florida Statutes, is inapplicable to this

Miller v. State

208 So. 3d 834, 2017 WL 362547, 2017 Fla. App. LEXIS 726

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573209

Published

court for the appropriate resentencing under section 775.082(l)(b)(l), Florida Statutes (2016), section

Woodruff v. State

208 So. 3d 1265, 2017 WL 362550, 2017 Fla. App. LEXIS 719

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573203

Published

monitoring) for the rest of his natural life. See § 775.082(3)(a)4.a.(II), Fla. Stat. (2009). 2

& SC15-767 Lancelot Uriley Armstrong v. State of Florida & Lancelot Uriley Armstrong v. Julie L. Jones, etc.

209 So. 3d 568

Supreme Court of Florida | Filed: Jan 19, 2017 | Docket: 4570211

Published

this Court not to apply the plain language of section 775.082(2), Florida Statutes.” I therefore dissent

& SC15-1762 William M. Kopsho v. State of Florida & William M. Kopsho v. Julie L. Jones, etc.

211 So. 3d 864

Supreme Court of Florida | Filed: Jan 19, 2017 | Docket: 4570212

Published

this Court not to apply the plain language of section 775.082(2), Florida Statutes.” I therefore dissent

Travis Ball v. State

208 So. 3d 327, 2017 Fla. App. LEXIS 300

District Court of Appeal of Florida | Filed: Jan 13, 2017 | Docket: 4571002

Published

pursuant to the catchall provision found in section 775.082(9)(a)l.o., Florida Statutes (2013). 1

Kearney v. State

208 So. 3d 808, 2016 Fla. App. LEXIS 19234

District Court of Appeal of Florida | Filed: Dec 30, 2016 | Docket: 60258687

Published

offense). Regarding Appellant’s sentence, section 775.082(3)(c), Florida Statutes (2004), authorizes

Sloppy v. State

208 So. 3d 313, 2016 Fla. App. LEXIS 19146

District Court of Appeal of Florida | Filed: Dec 28, 2016 | Docket: 4559231

Published

punishable by up to five years’ imprisonment. § 775.082(3)(e), Fla. Stat. (2014). Failure to appear is

Eric Lee Simmons v. State of Florida

207 So. 3d 860, 41 Fla. L. Weekly Supp. 622, 2016 Fla. LEXIS 2719

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556947

Published

remanding for imposition of a life sentence. See § 775.082(2), Fla. Stat. (2016). As I explained fully in

Frank L. Adams, Jr. v. State

206 So. 3d 842, 2016 Fla. App. LEXIS 18783

District Court of Appeal of Florida | Filed: Dec 22, 2016 | Docket: 4560329

Published

circumvented the statutory maximum sentence in section 775.082(10), Florida Statutes (2012), and disregarded

Miller v. State

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555829

Published

court for the appropriate resentencing under section 775.082(1)(b)(1), Florida Statutes (2016), section

Stripling v. State

209 So. 3d 70, 2016 Fla. App. LEXIS 18685

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 4555824

Published

to the trial court for resentencing under section 775.082(1)(b)(1), Florida Statutes (2016), section

Patterson v. State

206 So. 3d 64, 2016 Fla. App. LEXIS 18767

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 63630771

Published

prison sentence for a felony qualifies as a PRR. § 775.082(9)(a)(2), Fla. Stat. (2016). “Once the state proves

Baxter v. State

206 So. 3d 150, 2016 Fla. App. LEXIS 18180

District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4550690

Published

exceeds the maximum sentence authorized under section 775.082 (fifteen years)-” Wilkerson, 143 So.3d at 463

Etienne v. State

204 So. 3d 978, 2016 Fla. App. LEXIS 17887

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 63630706

Published

eligibility after twenty-five years as required by section 775.082(1), Florida Statutes (1991). SAWAYA, PALMER

Neely v. State

207 So. 3d 357, 2016 Fla. App. LEXIS 17682

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 4546364

Published

opportunity for release as provided for in section 775.082(l)(b)(l), Florida Statutes (2014), and section

Kelly Etienne v. State

District Court of Appeal of Florida | Filed: Nov 28, 2016 | Docket: 4550614

Published

eligibility after twenty-five years as required by section 775.082(1), Florida Statutes (1991). SAWAYA, PALMER

Ejak v. State

201 So. 3d 1228, 2016 Fla. App. LEXIS 15573

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 4480374

Published

granted the motion in part. As required by section 775.082(l)(b)(3), it made a written finding that Ejak

Larry Darnell Perry v. State of Florida

210 So. 3d 630, 41 Fla. L. Weekly Supp. 449, 2016 Fla. LEXIS 2304

Supreme Court of Florida | Filed: Oct 14, 2016 | Docket: 4481084

Published

So.3d at 65-66. Further, by its own terms, section 775.082(2), Florida Statutes (2013), is limited to

Larry Darnell Perry v. State of Florida

210 So. 3d 630, 41 Fla. L. Weekly Supp. 449, 2016 Fla. LEXIS 2304

Supreme Court of Florida | Filed: Oct 14, 2016 | Docket: 4481084

Published

So.3d at 65-66. Further, by its own terms, section 775.082(2), Florida Statutes (2013), is limited to

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE 9.140

200 So. 3d 1221, 41 Fla. L. Weekly Supp. 413, 2016 Fla. LEXIS 2149, 2016 WL 5623566

Supreme Court of Florida | Filed: Sep 29, 2016 | Docket: 4448481

Published

is convicted of an offense punishable under section 775.082(l)(b)l., Florida Statutes, shall not be eligible

Richard Alfred Washington v. State of Florida

199 So. 3d 1110, 2016 Fla. App. LEXIS 13483, 2016 WL 4708574

District Court of Appeal of Florida | Filed: Sep 8, 2016 | Docket: 4420096

Published

enumerated offenses under section 775.082(9)(a), Florida Statutes. See § 775,.082(9)(a)l., Fla. Stat

Anthony Williams v. State

198 So. 3d 1084, 2016 Fla. App. LEXIS 12691, 41 Fla. L. Weekly Fed. D 1936

District Court of Appeal of Florida | Filed: Aug 19, 2016 | Docket: 4416539

Published

serving the mandatory portion of the sentence. § 775.082(1), Fla. Stat. (1988). • In 2015, Williams

State v. Jones

209 So. 3d 6

District Court of Appeal of Florida | Filed: Aug 10, 2016 | Docket: 4118413

Published

imprisonment and shall be ineligible for parole. § 775.082(1) (emphasis added); see also § 782

Marlena Christine Woods v. State of Florida

District Court of Appeal of Florida | Filed: Jul 24, 2016 | Docket: 4113590

Published

first challenging the constitutionality of section 775.082(10), Florida Statutes (2015), and second,

Darryle B. Long v. State

197 So. 3d 1213, 2016 Fla. App. LEXIS 11167, 2016 WL 3961197

District Court of Appeal of Florida | Filed: Jul 22, 2016 | Docket: 4115967

Published

offense under the PRR statute. See § 775.082(9), Fla. Stat. (2012). Although the title of the

Cote-Ferrer v. State

210 So. 3d 74, 2016 Fla. App. LEXIS 10343

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 60261850

Published

PER CURIAM. Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2010); Robinson v. State, 37 So.3d 921 (Fla

Schreiner v. State

191 So. 3d 557, 2016 WL 3058337, 2016 Fla. App. LEXIS 8172

District Court of Appeal of Florida | Filed: May 31, 2016 | Docket: 60255190

Published

present a danger to the public, as required by section 775.082(10), Florida Statutes, and remanding for resen-tencing

Robert E. Fratcher v. State of Florida

191 So. 3d 953, 2016 Fla. App. LEXIS 7197, 2016 WL 2745048

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071430

Published

required to meet the catchall provision of section 775.082(9)(a)1.o, Florida Statutes (2000). Tumblin

Telly Jon Knott v. State of Florida

190 So. 3d 222, 2016 WL 1696199, 2016 Fla. App. LEXIS 6425

District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3062281

Published

present a danger to the public. See § 775.082(10), Fla. Stat. (2013). The trial court made the

Tyrone Williams v. State of Florida

189 So. 3d 288, 2016 WL 1534010, 2016 Fla. App. LEXIS 5517

District Court of Appeal of Florida | Filed: Apr 12, 2016 | Docket: 3052602

Published

exceeds the maximum sentence authorized by section 775.082(3)(c), the trial court is limited to imposing

Christopher Busbee v. State of Florida

187 So. 3d 1266, 2016 WL 1337359, 2016 Fla. App. LEXIS 5242, 41 Fla. L. Weekly Fed. D 850

District Court of Appeal of Florida | Filed: Apr 6, 2016 | Docket: 3051978

Published

punishable by 15 years’ imprisonment. See § 775.082(3)(d), Fla. Stat. (2011). The court orally pronounced

Anthony Michael Ortiz v. State of Florida

188 So. 3d 113, 2016 WL 1295073, 2016 Fla. App. LEXIS 5169

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3050460

Published

is appropriate after 2 This law revised section 775.082, Florida Statutes, and added sections 921.1401

Figueroa v. State

187 So. 3d 369, 2016 Fla. App. LEXIS 4238, 2016 WL 1061973

District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 60254041

Published

maximum term of imprisonment of thirty years. See § 775.082(3)(b), Fla. Stat. (2006); see also Santiago v

State v. Perry

192 So. 3d 70, 2016 WL 1061859

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 60255383

Published

penalty itself. The Court recognized that section 775.082(1), Florida Statutes (2010), “does not make

Jerome McClellion v. State of Florida

186 So. 3d 1129, 2016 Fla. App. LEXIS 4113, 2016 WL 1039184

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044827

Published

from “aggravated assault with a deadly weapon.” § -775.082(9)(a)l., Fla. Stat. (2000). 3 The'

Rodriguez-Aguilar v. State

198 So. 3d 792, 2016 Fla. App. LEXIS 3601, 2016 WL 886225

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044949

Published

erred in imposing a prison sentence under section 775.082(10), Florida Statutes (2011). We thus reverse

Baskin v. State

198 So. 3d 828, 2016 Fla. App. LEXIS 3599, 2016 WL 889016

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3044953

Published

Prison Releasee Reoffen-der Act.' See § 775.082(9)(a)(3)(c), Fla. Stat. (2013). The trial court’s

Andre Santonio Hill v. State of Florida

186 So. 3d 1119, 2016 Fla. App. LEXIS 3636, 2016 WL 903660

District Court of Appeal of Florida | Filed: Mar 9, 2016 | Docket: 3042782

Published

releasee reoffender : statute. See § 775.082(9)(a)3.a., Fla. Stat. (2003); McDonald v

Alfonso Alzamora v. State

186 So. 3d 1124, 2016 WL 916809

District Court of Appeal of Florida | Filed: Mar 7, 2016 | Docket: 3045750

Published

twenty-five-year minimum mandatory term, pursuant to section 775.082(1), Florida Statutes (1991). However, Alzamora

Walsh v. State

198 So. 3d 783, 2016 Fla. App. LEXIS 3382, 2016 WL 833583

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 3041725

Published

maximum sentence of fifteen years. See § 775.082(3)(d). Groups of Ten Mr. Walsh argues

Johnson v. State

185 So. 3d 1282, 2016 Fla. App. LEXIS 2869, 2016 WL 746257

District Court of Appeal of Florida | Filed: Feb 26, 2016 | Docket: 60253543

Published

does not qualify for PRR sentencing. . . Section- 775.082(9)(a), Florida Statutes (2011), defines a

Kenitra Monae Casper v. State of Florida

187 So. 3d 255

District Court of Appeal of Florida | Filed: Feb 15, 2016 | Docket: 3036257

Published

sentence [her] to a non-state prison sanction.” § 775.082(10), Fla. Stat. The maximum non-state sentence

State of Florida v. Ray Mon Wright

District Court of Appeal of Florida | Filed: Dec 30, 2015 | Docket: 3025218

Published

are pending. Moreover, resolution of whether section 775.082(9)(a), Florida Statutes, should be read as

Moyer v. State

184 So. 3d 1185, 2015 Fla. App. LEXIS 19160, 2015 WL 9311403

District Court of Appeal of Florida | Filed: Dec 23, 2015 | Docket: 3023596

Published

sentenced on April 4, 2014. At that time, section 775.082(1), Florida Statutes (2013), provided for a

Stephen C. Hanf v. State of Florida

182 So. 3d 704

District Court of Appeal of Florida | Filed: Dec 17, 2015 | Docket: 3022389

Published

the remainder of the person’s natural life.” § 775.082(3)(a)4.a.(I)-(II), Fla. Stat. (2.011). The trial

Lester Hackley v. State of Florida

189 So. 3d 154

District Court of Appeal of Florida | Filed: Dec 7, 2015 | Docket: 3018841

Published

under the prison releasee reof-fender statute, section 775.082(9), Florida Statutes (2006). Appellant raises

Kerr v. State

182 So. 3d 673, 2015 Fla. App. LEXIS 17419, 2015 WL 7302505

District Court of Appeal of Florida | Filed: Nov 20, 2015 | Docket: 60252804

Published

is a life felony, punishable as provided in section 775.082(3)(a)4., Florida Statutes (2006). This section

Hedrick v. State

182 So. 3d 672, 2015 Fla. App. LEXIS 17427, 2015 WL 7302645

District Court of Appeal of Florida | Filed: Nov 20, 2015 | Docket: 60252802

Published

with the trial court’s oral pronouncement. See § 775.082(1), Fla. Stat. (1991). AFFIRMED; REMANDED for

William Lee Rudd v. State of Florida

177 So. 3d 1015

District Court of Appeal of Florida | Filed: Oct 25, 2015 | Docket: 3006984

Published

statutory maximum sentence as provided in section 775.082, Florida Statutes ... is exceeded by the lowest

Alamo v. State

177 So. 3d 99, 2015 Fla. App. LEXIS 15736, 2015 WL 6393713

District Court of Appeal of Florida | Filed: Oct 23, 2015 | Docket: 60251260

Published

of five years for third-degree felonies. See § 775.082(3)(e), Fla. Stat. (2014) (effective October 1

Antony Deshawn Melvin v. State of Florida

177 So. 3d 648

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991565

Published

082(3)(a)4.” § 800.04(5)(b), Fla. Stat. (2012). Section 775.082(3)(a)4. provides that a person who commits

State of Florida v. Ray Mon Wright

180 So. 3d 1043

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991513

Published

“believe[d] the legislature may have intended [section 775.082] to apply to terms longer than 365 days in

Miller v. State

177 So. 3d 95, 2015 Fla. App. LEXIS 15347, 2015 WL 6087195

District Court of Appeal of Florida | Filed: Oct 16, 2015 | Docket: 2986200

Published

second-degree felonies. See § 775.082(3)(c), Fla. Stat. (1988). 1 The postconviction

Yebra v. State

177 So. 3d 312, 2015 Fla. App. LEXIS 15171, 2015 WL 5947015

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919900

Published

offense warranting the enhancement. See § 775.082(9)(a)(l), Fla. Stat. (2012). Accordingly, we reverse

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE AND FLORIDA RULE OF APPELLATE PROCEDURE 9.140

176 So. 3d 980, 40 Fla. L. Weekly Supp. 544, 2015 Fla. LEXIS 2216, 2015 WL 5877975

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866127

Published

juvenile offender is sentenced to life under section 775.082(1)0)1., Florida Statutes, or to a term of more

Kenson Louima v. State of Florida

175 So. 3d 893, 2015 Fla. App. LEXIS 13496, 2015 WL 5240538

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757131

Published

a Prison Releasee Reoffender (“PRR”) under section 775.082(9)(a)l.g., Florida Statutes (2014). We agree

Bradley v. State

174 So. 3d 1052, 2015 Fla. App. LEXIS 12851, 2015 WL 5051142

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250258

Published

punished by up to fifteen years’ incarceration. § 775.082(3)(c), Fla. Stat. (2012). Thus, Appellant’s sentence

Morris v. State

198 So. 3d 31, 2015 Fla. App. LEXIS 12551, 2015 WL 4965907

District Court of Appeal of Florida | Filed: Aug 21, 2015 | Docket: 2686577

Published

160 So.3d at 404; • see also § 775.082(3)(c). ,. Affirmed in part; reversed in part;

Plasencia v. State

170 So. 3d 865, 2015 Fla. App. LEXIS 10839, 2015 WL 4379729

District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 2679095

Published

maximum sentence permitted for his offense under section 775.082, Florida Statutes (1994), 4 and

Brian Scott Christy v. State of Florida

183 So. 3d 1108, 2015 Fla. App. LEXIS 9829, 2015 WL 3942952

District Court of Appeal of Florida | Filed: Jun 29, 2015 | Docket: 2679228

Published

present a “danger to the public,” pursuant to section 775.082(10), Florida Statutes (2014), we reverse and

Lindsey v. State

168 So. 3d 267, 2015 Fla. App. LEXIS 9511, 2015 WL 3875264

District Court of Appeal of Florida | Filed: Jun 24, 2015 | Docket: 60248631

Published

possibility of parole. This sentence was mandated by section 775.082(1), Florida Statutes (2010), applicable to

Schreiner v. State

163 So. 3d 1293, 2015 Fla. App. LEXIS 9243, 40 Fla. L. Weekly Fed. D 1435

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60247685

Published

present a danger to the public, as required by section 775.082(10), Florida Statutes.* The State concedes

Boykin v. State

164 So. 3d 1281, 2015 Fla. App. LEXIS 8998, 2015 WL 3645893

District Court of Appeal of Florida | Filed: Jun 12, 2015 | Docket: 60247927

Published

releasee reoffender (PRR) designation under section 775.082(9)(a)(l), Florida Statutes (2012). The State

Hutto v. State

173 So. 3d 998, 2015 Fla. App. LEXIS 7745, 2015 WL 2432060

District Court of Appeal of Florida | Filed: May 22, 2015 | Docket: 2659202

Published

misdemeanors in the Florida Statutes. See § 775.082(4)(b), Fla. Stat. (2014). While the Code calls

Tony Murphy v. State of Florida

161 So. 3d 1282

District Court of Appeal of Florida | Filed: Apr 6, 2015 | Docket: 2647163

Published

appellant to a nonstate prison sanction. Section 775.082, Florida Statutes (2012), provides in pertinent

Montanez v. State

160 So. 3d 540, 2015 Fla. App. LEXIS 4619, 2015 WL 1449897

District Court of Appeal of Florida | Filed: Apr 1, 2015 | Docket: 2646047

Published

sentence could present a danger to the public. § 775.082(10), Fla. Stat. (2010); Fla. R. Crim. P. 3.704(d)(29)

James Graham v. State

160 So. 3d 108, 2015 Fla. App. LEXIS 3877, 2015 WL 1213972

District Court of Appeal of Florida | Filed: Mar 18, 2015 | Docket: 2642448

Published

only possible sentence is life without parole. § 775.082(1), Fla. Stat. (2007). The mandatory life sentence

Graham v. State

162 So. 3d 250, 2015 Fla. App. LEXIS 2656, 40 Fla. L. Weekly Fed. D 538

District Court of Appeal of Florida | Filed: Feb 25, 2015 | Docket: 60247459

Published

0022, Fla. Stat., and a third-degree felony, § 775.082(3)(d), Fla. Stat. (2011). AFFIRMED, in part; REVERSED

Gabriel Theiss v. State

152 So. 3d 1291, 2015 Fla. App. LEXIS 173, 2015 WL 71659

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621561

Published

under the Prison Releasee Reoffender statute. § 775.082(9)(a)l.o., Fla. Stat. (Supp.1998). The motion

Fleming v. State

152 So. 3d 1256, 2014 Fla. App. LEXIS 20577, 2014 WL 7190975

District Court of Appeal of Florida | Filed: Dec 19, 2014 | Docket: 60244715

Published

in prison. See § 784.021, Fla. Stat. (1999); § 775.082, Fla. Stat. (1999). The offense could not be reclassified

Luis Hernandez v. State

162 So. 3d 130, 2014 Fla. App. LEXIS 20080, 2014 WL 6910851

District Court of Appeal of Florida | Filed: Dec 10, 2014 | Docket: 2613284

Published

in section 775.082(3)(a)4., Florida Statutes. § 800.04(5)(b), Fla. Stat. (2008). Section 775.082(3)(a)4

K.A. v. State

District Court of Appeal of Florida | Filed: Dec 3, 2014 | Docket: 2610877

Published

term of imprisonment not exceeding one year. § 775.082(4)(a), Fla. Stat. (2012). Therefore, the longest

Robert Dresch v. State

150 So. 3d 1199, 2014 Fla. App. LEXIS 18398, 2014 WL 5834375

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595477

Published

impose an upward departure sentence under section 775.082(10) when it failed to enter written findings

Howard v. State

158 So. 3d 660, 2014 Fla. App. LEXIS 18192, 2014 WL 5784569

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 2593759

Published

not eligible for PRR sentencing. See § 775.082(9)(a)(l)(q), Fla. Stat. (2009) (listing burglary

State of Florida v. Rodney Larry Robinson

149 So. 3d 1199

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593278

Published

an upward departure sentence sanctioned by section 775.082(10), Florida Statutes, but which was imposed

Cito v. State

150 So. 3d 829, 2014 Fla. App. LEXIS 16960, 2014 WL 5304962

District Court of Appeal of Florida | Filed: Oct 17, 2014 | Docket: 1409456

Published

to fifteen years’ imprisonment. See § 775.082(3)(c), Fla. Stat. (2006). However, the trial court

Robinson v. State

148 So. 3d 535, 2014 Fla. App. LEXIS 15844, 2014 WL 5072723

District Court of Appeal of Florida | Filed: Oct 10, 2014 | Docket: 1441490

Published

imposition of the mandatory sentence pursuant to section 775.082, Florida Statutes (2007). Both of these documents

Tarelo v. State

153 So. 3d 935, 2014 Fla. App. LEXIS 15374, 2014 WL 4929214

District Court of Appeal of Florida | Filed: Oct 3, 2014 | Docket: 60245371

Published

prison re-leasee reoffender (PRR) statute, section 775.082, Florida Statutes (2013). The only issue on

Tyson v. State

153 So. 3d 935, 2014 Fla. App. LEXIS 14937, 2014 WL 4724439

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 1330179

Published

183 L.Ed.2d 407 (2012), WHICH INVALIDATED SECTION 775.082(1)’S MANDATORY IMPOSITION OF LIFE WITHOUT PAROLE

Chapman v. State

146 So. 3d 1291, 2014 Fla. App. LEXIS 14863, 2014 WL 4696273

District Court of Appeal of Florida | Filed: Sep 23, 2014 | Docket: 60242845

Published

therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this

James Chapman v. State of Florida

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1312622

Published

therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this

Santiago v. State

147 So. 3d 1057, 2014 Fla. App. LEXIS 14103, 2014 WL 4435946

District Court of Appeal of Florida | Filed: Sep 10, 2014 | Docket: 1185181

Published

violent felony offender in accordance with section 775.082(3)(b) of the Florida Statutes. So ordered

Kayle Barrington Bates v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Sep 5, 2014 | Docket: 2901309

Published

jury), the Florida legislature amended Fla. Stat. § 775.082 to provide that a defendant convicted of capital

In Re: Amendments to Florida Rule of Criminal Procedure 3.992 – Criminal Punishment Code Scoresheets

147 So. 3d 515, 2014 WL 4360978

Supreme Court of Florida | Filed: Sep 4, 2014 | Docket: 1167681

Published

sentence points are 22 points or less, see Section 775.082(10), Florida Statutes, to determine if the

Carl Lee Booth v. State

183 So. 3d 406, 2014 Fla. App. LEXIS 13659, 2014 WL 4328154

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1151137

Published

without the possibility of parole. See § 775.082(1), Fla. Stat. (2008). The trial court could not

Tabarius Arline v. State

155 So. 3d 1158, 2014 WL 3843075, 2014 Fla. App. LEXIS 12026

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 839446

Published

incarceration, is illegal because the PRR Act (section 775.082(9), Florida Statutes (2012)) authorizes a court

Javarous Dawson v. State

142 So. 3d 948, 2014 WL 3435038, 2014 Fla. App. LEXIS 10873

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 1767

Published

parole after twenty-five years. See § 775.082(1), Fla. Stat. (1993). Our sister courts

Larry Claycomb v. State of Florida

142 So. 3d 916, 2014 WL 3189417, 2014 Fla. App. LEXIS 10517

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 1152

Published

single criminal episode.” Explaining that section 775.082(9), Florida Statutes, dictates a “minimum

Mike v. State

155 So. 3d 1154, 2014 WL 2589201, 2014 Fla. App. LEXIS 8850

District Court of Appeal of Florida | Filed: Jun 11, 2014 | Docket: 60245577

Published

life in prison under two sentencing statutes: section 775.082(9), Florida Statutes (2011), also known as

Cannon v. Thomas

133 So. 3d 634, 2014 WL 949856, 2014 Fla. App. LEXIS 3609

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60238859

Published

reoffender (PRR) sentencing statute, under section 775.082(9)(a)l., Florida Statutes (2012), we could

Tluczek v. State

130 So. 3d 730, 2014 WL 185195, 2014 Fla. App. LEXIS 445

District Court of Appeal of Florida | Filed: Jan 17, 2014 | Docket: 60237862

Published

jail term for a second-degree misdemeanor. . § 775.082, Fla. Stat. (2011). Generally, under the sentencing

Touze v. State

129 So. 3d 466, 2014 WL 25581, 2014 Fla. App. LEXIS 58, 39 Fla. L. Weekly Fed. D 70

District Court of Appeal of Florida | Filed: Jan 3, 2014 | Docket: 60237409

Published

by the trial court was imposed pursuant to section 775.082(1), Florida Statutes, because Touze had committed

Roberts v. State

158 So. 3d 618, 2013 WL 6687751, 2013 Fla. App. LEXIS 20102

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60246263

Published

maximum sentence for first-degree felonies under section 775.082(3)(b), Florida Statutes (2006). Appellant,

Hamilton v. State

128 So. 3d 872, 2013 WL 6670841, 2013 Fla. App. LEXIS 20056

District Court of Appeal of Florida | Filed: Dec 16, 2013 | Docket: 60237188

Published

appellant’s three-year prison sentence violated section 775.082(10), Florida Statutes (2012), because the appellant

Sprott v. State

124 So. 3d 400, 2013 Fla. App. LEXIS 16899, 2013 WL 5744692

District Court of Appeal of Florida | Filed: Oct 23, 2013 | Docket: 60235476

Published

been raised on the present appeal. . Under section 775.082(10), Fla. Stat. (2011), "the court must sentence

Ortiz v. State

119 So. 3d 494, 2013 WL 3866722, 2013 Fla. App. LEXIS 11861

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60233622

Published

unconstitutional as to juvenile offenders. See § 775.082(1), Fla. Stat. (2012); Roper v. Simmons, 543 U

Geter v. State

115 So. 3d 385, 2013 WL 3197162, 2013 Fla. App. LEXIS 10084

District Court of Appeal of Florida | Filed: Jun 26, 2013 | Docket: 60232169

Published

sentence, as the sentence imposed was mandated by section 775.082, Florida Statutes (2000),1 and the trial court

Murphy v. State

114 So. 3d 1090, 2013 WL 2501982, 2013 Fla. App. LEXIS 9267

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60231745

Published

status as a qualifier under its provisions. See § 775.082(9)(a)(2). Thus, we affirm the judgment and fifteen-year

Lacey v. State

114 So. 3d 452, 2013 WL 2420480, 2013 Fla. App. LEXIS 8839

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60231935

Published

*454an imprisonment term not exceeding five years. § 775.082(3)(c), (d), Fla. Stat. (2010).

Smart v. State

114 So. 3d 1048, 2013 WL 2395077, 2013 Fla. App. LEXIS 8765

District Court of Appeal of Florida | Filed: Jun 3, 2013 | Docket: 60231721

Published

statutory maximum prison term is 30 years. See § 775.082(3)(b), Fla. Stat. (2008). The State contends that

Prater v. State

113 So. 3d 147, 2013 Fla. App. LEXIS 8120, 2013 WL 2233987

District Court of Appeal of Florida | Filed: May 22, 2013 | Docket: 60231452

Published

thirty-year statutory maximum permitted under section 775.082(3)(b), Florida Statutes (2002), and is therefore

Montgomery v. State

112 So. 3d 781, 2013 WL 2121750, 2013 Fla. App. LEXIS 7964

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231276

Published

Montgomery’s Criminal Punishment Code score-sheet. See § 775.082(3)(d), Fla. Stat. (2009); Butler v. State, 838

Tambriz-Ramirez v. State

112 So. 3d 767, 2013 WL 1980237, 2013 Fla. App. LEXIS 7862

District Court of Appeal of Florida | Filed: May 15, 2013 | Docket: 60231269

Published

for a second degree felony is fifteen years. § 775.082(3)(c), Fla. Stat. (2010). The trial court sentenced

Bradley v. State

106 So. 3d 530, 2013 Fla. App. LEXIS 2251, 2013 WL 514095

District Court of Appeal of Florida | Filed: Feb 13, 2013 | Docket: 60228271

Published

present a danger to the public, pursuant to section 775.082(10), Florida Statutes (2010), we reverse and

Filppula v. State

106 So. 3d 45, 2013 Fla. App. LEXIS 1541, 2013 WL 376064

District Court of Appeal of Florida | Filed: Feb 1, 2013 | Docket: 60228202

Published

sentence for a third-degree felony is five years. § 775.082(3)(d), Fla. Stat. (2011). The written sentence

Kirkland v. State

105 So. 3d 669, 2013 WL 388175, 2013 Fla. App. LEXIS 1649

District Court of Appeal of Florida | Filed: Jan 30, 2013 | Docket: 60227965

Published

PER CURIAM. Affirmed. See § 775.082, Fla. Stat. (1995) (eliminating the possibility of parole after

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 2903632

Published

punishable as provided in [Fla. Stat. §] 775.082.” Section 775.082 states, in pertinent part: A person

Floyd v. State

104 So. 3d 1282, 2013 WL 127444, 2013 Fla. App. LEXIS 339

District Court of Appeal of Florida | Filed: Jan 10, 2013 | Docket: 60227402

Published

even if the defendant’s offense falls within section 775.082(10), Florida Statutes). WOLF, THOMAS, and MARSTILLER

Felder v. State

101 So. 3d 1288, 2012 Fla. App. LEXIS 21390, 2012 WL 6169522

District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60226223

Published

as a Prison Releasee Reoffender (PRR) under section 775.082(9)(a)l, Florida Statutes (2007).1 Because the

White v. State

102 So. 3d 702, 2012 Fla. App. LEXIS 21084, 2012 WL 6062042

District Court of Appeal of Florida | Filed: Dec 7, 2012 | Docket: 60226761

Published

sentence for a first-degree misdemeanor. See § 775.082(4)(a), Fla. Stat. (2010). We reverse the sentences

Frison v. State

100 So. 3d 1252, 2012 Fla. App. LEXIS 19846, 2012 WL 5621241

District Court of Appeal of Florida | Filed: Nov 16, 2012 | Docket: 60225608

Published

082, s. 775.083, or s. 775.084. Pursuant to section 775.082(3), Florida Statutes (1987), a defendant convicted

Frison v. State

100 So. 3d 1252, 2012 Fla. App. LEXIS 19846, 2012 WL 5621241

District Court of Appeal of Florida | Filed: Nov 16, 2012 | Docket: 60225608

Published

082, s. 775.083, or s. 775.084. Pursuant to section 775.082(3), Florida Statutes (1987), a defendant convicted

Sprott v. State

99 So. 3d 634, 2012 Fla. App. LEXIS 18952, 2012 WL 5356149

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60313137

Published

a mandatory nonstate prison sanction under section 775.082(10), Florida Statutes (2011). Nevertheless

Sprott v. State

99 So. 3d 634, 2012 Fla. App. LEXIS 18952, 2012 WL 5356149

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60313137

Published

a mandatory nonstate prison sanction under section 775.082(10), Florida Statutes (2011). Nevertheless

Cantlon v. State

98 So. 3d 719, 2012 WL 4748087, 2012 Fla. App. LEXIS 16843

District Court of Appeal of Florida | Filed: Oct 5, 2012 | Docket: 60312537

Published

punishment may be up to one year’s imprisonment. See § 775.082(4)(a), Fla. Stat. (2007). And section 316.192(3)(c)(2)

Swanson v. State

98 So. 3d 194, 2012 WL 4220545, 2012 Fla. App. LEXIS 15869

District Court of Appeal of Florida | Filed: Sep 21, 2012 | Docket: 60312204

Published

life or for a term of years not less than 30.” § 775.082(3)(a), Fla. Stat. (1979).

Brown v. State

97 So. 3d 960, 2012 WL 4093779, 2012 Fla. App. LEXIS 15725

District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312034

Published

offense for purposes of sentencing as a PRR, section 775.082(9)(a)l, Florida Statutes (2001), armed burglary

Plummer v. State

95 So. 3d 463, 2012 WL 3600240, 2012 Fla. App. LEXIS 14043

District Court of Appeal of Florida | Filed: Aug 23, 2012 | Docket: 60311267

Published

Reoffender (“PRR”) to 15 years incarceration. See § 775.082(9)(b), Fla. Stat. The judgment and sentence were

Plummer v. State

95 So. 3d 463, 2012 WL 3600240, 2012 Fla. App. LEXIS 14043

District Court of Appeal of Florida | Filed: Aug 23, 2012 | Docket: 60311267

Published

Reoffender (“PRR”) to 15 years incarceration. See § 775.082(9)(b), Fla. Stat. The judgment and sentence were

Chamblee v. State

93 So. 3d 1184, 2012 WL 3193935, 2012 Fla. App. LEXIS 13158

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60310488

Published

the beginning date of the criminal activity.” § 775.082(8)(e), Fla. Stat. (2003); see § 921.001(4)(b)3

Little v. State

92 So. 3d 305, 2012 WL 2913205, 2012 Fla. App. LEXIS 11673

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310216

Published

prison as a prison releasee reoffender under section 775.082(9)(a)l, Florida Statutes (2001). During the

Bryant v. State

93 So. 3d 381, 2012 WL 2401787, 2012 Fla. App. LEXIS 10460

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310562

Published

800(b)(2) motion, which was orally denied below. Section 775.082(10), Florida Statutes (2009), provides as follows:

Janvier v. State

126 So. 3d 1155, 2012 WL 2327733, 2012 Fla. App. LEXIS 9931

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60236201

Published

twenty-five year minimum mandatory pursuant to “F.S. § 775.082(1).” On remand, this provision must be corrected

Kelly v. State

126 So. 3d 1149, 2012 WL 2122156, 2012 Fla. App. LEXIS 9582

District Court of Appeal of Florida | Filed: Jun 13, 2012 | Docket: 60236197

Published

arising out of the same criminal episode). See also § 775.082(9)(a)l.q., Fla. Stat. (including burglary of a

Alexander v. State

88 So. 3d 417, 2012 Fla. App. LEXIS 7841, 2012 WL 1698089

District Court of Appeal of Florida | Filed: May 16, 2012 | Docket: 60308285

Published

sentenced to a nonstate prison sanction under section 775.082(10), Florida Statutes (2010), where he also

State v. Garcia-Costa

86 So. 3d 562, 2012 WL 1368180, 2012 Fla. App. LEXIS 6178

District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60307716

Published

reoffender (PRR) minimum sentence of 15 years, see § 775.082(3)(c), Fla. Stat. (2010), instead of the lowest

Cimaglia v. State

77 So. 3d 841, 2012 Fla. App. LEXIS 189, 2012 WL 75183

District Court of Appeal of Florida | Filed: Jan 11, 2012 | Docket: 60304813

Published

statute required imposition of a life sentence. See § 775.082(9)(a)3.a., Fla. Stat. (2005). We treat the denial

Vandyke v. State

76 So. 3d 1077, 2011 WL 6439376

District Court of Appeal of Florida | Filed: Dec 28, 2011 | Docket: 60304159

Published

illegal because it failed to comport with section 775.082(10), Florida Statutes (2009).1 Specifically

Rollins v. State

75 So. 3d 393, 2011 Fla. App. LEXIS 18983, 2011 WL 5964358

District Court of Appeal of Florida | Filed: Nov 30, 2011 | Docket: 60303739

Published

parole and her life sentence is not illegal. § 775.082(1), Fla. Stat. (1971); see also Wilkinson v. State

Bevans v. State

75 So. 3d 345, 2011 Fla. App. LEXIS 18127, 2011 WL 5561292

District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2357689

Published

battery was a capital felony punishable under section 775.082(1), Florida Statutes (1999). See § 794.011(2)(a)

ESCOBEDO-MUNIZ v. State

74 So. 3d 546, 2011 Fla. App. LEXIS 17790, 2011 WL 5375079

District Court of Appeal of Florida | Filed: Nov 9, 2011 | Docket: 2540297

Published

punishable by up to five years' imprisonment. See § 775.082(3)(d), Fla. Stat. (2008). Contrary to Defendant's

Childree v. State

71 So. 3d 920, 2011 Fla. App. LEXIS 15860, 2011 WL 5108472

District Court of Appeal of Florida | Filed: Oct 7, 2011 | Docket: 2569383

Published

PALMER and TORPY, JJ., concur. NOTES [1] See § 775.082(9), Fla. Stat. (2009).

Ortiz v. State

72 So. 3d 232, 2011 Fla. App. LEXIS 15923, 2011 WL 4579180

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 60303222

Published

statutory maximum for a third-degree felony, see § 775.082(3)(d), Fla. Stat. (1999), or because the written

Kirby v. State

68 So. 3d 932, 2011 Fla. App. LEXIS 12686, 2011 WL 3516139

District Court of Appeal of Florida | Filed: Aug 12, 2011 | Docket: 60302394

Published

§ 810.02(l)(b),(2)(a), Fla. Stat. (2009). . § 775.082(9)(a)l.o„ Fla. Stat. (2009).

Sinclair v. State

65 So. 3d 573, 2011 Fla. App. LEXIS 10180, 2011 WL 2555715

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 2540686

Published

Grant concluded that the sentences violated section 775.082, Florida Statutes (1997), the Prison Releasee

Noel v. State

59 So. 3d 386, 2011 Fla. App. LEXIS 6341, 2011 WL 1660834

District Court of Appeal of Florida | Filed: May 4, 2011 | Docket: 60299709

Published

maximum sentence of fifteen years in prison. § 775.082(3)(c), Fla. Stat. (2007); Zeman v. State, 46 So

Balladares v. State

57 So. 3d 992, 2011 Fla. App. LEXIS 4799, 2011 WL 1262158

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60299235

Published

(properly designated) Prison Releasee Reoffender, § 775.082, Fla. Stat. (2008), of thirty years for strong

Woodruff v. State

54 So. 3d 569, 2011 Fla. App. LEXIS 1075, 2011 WL 340595

District Court of Appeal of Florida | Filed: Feb 4, 2011 | Docket: 2407280

Published

minimums control over the general provisions of section 775.082 regarding statutory maximums." Mendenhall,

Lyons v. State

56 So. 3d 51, 2011 Fla. App. LEXIS 954, 2011 WL 265842

District Court of Appeal of Florida | Filed: Jan 28, 2011 | Docket: 2582337

Published

the presumptive maximum sentence pursuant to section 775.082(10), Florida Statutes, was a nonstate prison

Finkel v. State

52 So. 3d 828, 2011 Fla. App. LEXIS 542, 2011 WL 222151

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 2579478

Published

incarceration. See § 812.014(3)(a), Fla. Stat. (2009); § 775.082(4)(b), Fla. Stat. (2009). Therefore, the sentence

Young v. State

54 So. 3d 1022, 2011 Fla. App. LEXIS 196, 2011 WL 148806

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 60298207

Published

which enhanced punishment could be imposed. See § 775.082(8)(a)(l)(p), Fla. Stat. (1997). A 2001 amendment

McLeod v. State

51 So. 3d 604, 2011 Fla. App. LEXIS 23, 2011 WL 42893

District Court of Appeal of Florida | Filed: Jan 7, 2011 | Docket: 2396109

Published

of imprisonment not to exceed five years. See § 775.082(3)(d), Fla. Stat. (2007). Following his second

Lockett v. State

50 So. 3d 793, 2010 Fla. App. LEXIS 20135, 2010 WL 5391537

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60297361

Published

remand for the imposition of a sixty-day sentence. § 775.082(4)(b), Fla. Stat. (2009). Appellant need not be

State v. Malone

50 So. 3d 60, 2010 Fla. App. LEXIS 18626, 2010 WL 4967978

District Court of Appeal of Florida | Filed: Dec 8, 2010 | Docket: 60297323

Published

term of years not exceeding life imprisonment.” § 775.082(3)(a)(3). Further, because a firearm was discharged

Ago

Florida Attorney General Reports | Filed: Nov 5, 2010 | Docket: 3257296

Published

the first degree, punishable as provided in section 775.082 or section 775.083, Florida Statutes.7 Thus

Zeman v. State

46 So. 3d 162, 2010 Fla. App. LEXIS 16263, 35 Fla. L. Weekly Fed. D 2365

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2567309

Published

felony, with a maximum penalty of fifteen years. § 775.082, Fla. Stat. (2005); Betty v. State, 7 So.3d 586

Waterman v. State

46 So. 3d 154, 2010 Fla. App. LEXIS 15903, 2010 WL 4140287

District Court of Appeal of Florida | Filed: Oct 22, 2010 | Docket: 1928014

Published

felonies, which is fifteen years in prison. See § 775.082(3)(c), Fla. Stat. (Supp. 1998). Waterman preserved

Roberts v. State

46 So. 3d 1057, 2010 Fla. App. LEXIS 15142, 2010 WL 3927245

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 2573446

Published

not. Compare § 775.084(l)(d), Fla. Stat., with § 775.082(9)(a)l., Fla. Stat. (2004). For PRR sentencing

Costin v. State

46 So. 3d 96, 2010 Fla. App. LEXIS 15051, 2010 WL 3894494

District Court of Appeal of Florida | Filed: Oct 6, 2010 | Docket: 60296388

Published

maximum of five years (sixty months) in prison. § 775.082, Fla. Stat. *98(2007). Therefore, the sentences

Daneker v. State

27 So. 3d 228, 2010 Fla. App. LEXIS 1427, 2010 WL 476693

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 60288097

Published

penalty of five years in prison, pursuant to section 775.082(3)(d), Florida Statutes (2002). The permissible

Williams v. State

29 So. 3d 327, 2010 Fla. App. LEXIS 186, 2010 WL 129671

District Court of Appeal of Florida | Filed: Jan 15, 2010 | Docket: 2410899

Published

sentence for a first-degree felony. *329 See § 775.082(9)(a)3.b., Fla. Stat. (2008). PETITION DENIED

Dawson v. State

23 So. 3d 841, 2009 Fla. App. LEXIS 19248, 2009 WL 4641720

District Court of Appeal of Florida | Filed: Dec 9, 2009 | Docket: 60282084

Published

first degree murder with a firearm. Indeed, section 775.082(1), Florida Statutes (2006), requires a mandatory

Hernandez v. State

21 So. 3d 106, 2009 Fla. App. LEXIS 15807, 2009 WL 3365615

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 2544711

Published

statutory version applicable to this defendant is section 775.082(9)(a)1.2., Florida. Statutes (2004). Affirmed

State v. Williams

20 So. 3d 419, 2009 Fla. App. LEXIS 15536, 2009 WL 3271279

District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1177085

Published

releasee re-offender, the statutory language of section 775.082(9)(a)3, Florida Statutes (2008), provides that

Denlinger v. State

17 So. 3d 1264, 2009 Fla. App. LEXIS 14081, 2009 WL 3018125

District Court of Appeal of Florida | Filed: Sep 23, 2009 | Docket: 60249078

Published

sentence him as a Prison Releasee Reoffender (PRR). § 775.082(9)(a)(l), Fla. Stat. (2005). Given the supreme

West v. State

16 So. 3d 1033, 2009 Fla. App. LEXIS 13183, 2009 WL 2870220

District Court of Appeal of Florida | Filed: Sep 9, 2009 | Docket: 1125641

Published

evidence that West qualified as a PRR pursuant to section 775.082(9), Florida Statutes (2006). We reject the

Burke v. State

18 So. 3d 652, 2009 Fla. App. LEXIS 12826, 2009 WL 2762703

District Court of Appeal of Florida | Filed: Sep 2, 2009 | Docket: 60252147

Published

1994. Ch. 94-228, § 1, Laws of Fla., codified as § 775.082(l)(a), Fla. Stat. (Supp.1994). The defendant committed

Fleming v. State

12 So. 3d 307, 2009 Fla. App. LEXIS 8774, 2009 WL 1675990

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 60233792

Published

PER CURIAM. Affirmed. See § 775.082(9)(a)l.p., Fla. Stat. (1999); see also Eubanks v. State, 917 So

Wright v. State

13 So. 3d 520, 2009 Fla. App. LEXIS 7608, 2009 WL 1675856

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 60237602

Published

years of age is not a qualifying offense. See § 775.082(9)(a)l., Fla. Stat. (2003). Under the PRR statute

Sermon v. State

11 So. 3d 970, 2009 Fla. App. LEXIS 4146, 2009 WL 1153258

District Court of Appeal of Florida | Filed: Apr 30, 2009 | Docket: 1234084

Published

in prison “day for day” by legislative fiat, § 775.082(9), Fla. Stat. (2007), without a single judge’s

Smitley v. State

6 So. 3d 117, 2009 Fla. App. LEXIS 3187, 2009 WL 996402

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 60299757

Published

that sentence to exceed the statutory maximum. § 775.082(3)(d), Fla. Stat. Accordingly, we direct the trial

Donaldson v. State

1 So. 3d 412, 2009 Fla. App. LEXIS 1089, 2009 WL 331006

District Court of Appeal of Florida | Filed: Feb 12, 2009 | Docket: 1653951

Published

trial court's decision to sentence him under section 775.082(9)(a), Florida Statutes, known as the Prisoner

Florida Department of Corrections v. Goodman

995 So. 2d 1097, 2008 Fla. App. LEXIS 17841, 2008 WL 4998799

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 64856930

Published

under the Prison Releasee Reoffender Act, section 775.082(9), Florida Statutes, and that during the remaining

Kohr v. State

993 So. 2d 638, 2008 WL 4862560

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 1383806

Published

a second degree misdemeanor, is sixty days. § 775.082(4)(b), Fla. Stat. (2005). We reverse and remand

Marshall v. State

992 So. 2d 914, 2008 WL 4682607

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1391998

Published

nonhabitualized count is limited to five years. See § 775.082(3)(d), Fla. Stat. (1989). Additionally, by running

Williamson v. State

988 So. 2d 1240, 2008 Fla. App. LEXIS 12478, 2008 WL 3876045

District Court of Appeal of Florida | Filed: Aug 22, 2008 | Docket: 64855575

Published

was sentenced for a third degree felony. See § 775.082(9)(a)(3)(d), Fla. Stat. (2007). A third degree

HURLSTON v. State

990 So. 2d 572, 2008 WL 2744401

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 2567858

Published

CORTIÑAS, JJ. *573 PER CURIAM. Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2007).

Hurlston v. State

990 So. 2d 572, 2008 Fla. App. LEXIS 10850

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855691

Published

PER CURIAM. Affirmed. See § 775.082(3)(a)(3), Fla. Stat. (2007).

Osorio v. Secretary, Department of Corrections

558 F. Supp. 2d 1233, 2008 U.S. Dist. LEXIS 27877, 2008 WL 927117

District Court, M.D. Florida | Filed: Apr 4, 2008 | Docket: 2395642

Published

a second [degree felony] provided for under F.S. 775.082, is without legal merit. Since appellant's offense

Polewarzyk v. State

978 So. 2d 250, 2008 Fla. App. LEXIS 4835, 2008 WL 895980

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 64854404

Published

REMANDED. SAWAYA and LAWSON, JJ., concur. . § 775.082(9), Fla. Stat. (2003). . Due to the unusual

Jennings v. State

978 So. 2d 223, 2008 WL 860715

District Court of Appeal of Florida | Filed: Apr 2, 2008 | Docket: 445715

Published

a defendant qualifies for treatment as a PRR. § 775.082(9)(a)(3), Fla. Stat. (2005). At sentencing, Jennings

Menendez v. State

976 So. 2d 81, 2008 WL 441396

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 2568193

Published

to death for the murder "as authorized by Section 775.082(1) of the Florida Statutes." On appeal, the

Orona v. State

968 So. 2d 1060, 2007 Fla. App. LEXIS 19183, 2007 WL 4245419

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 64853108

Published

fines in addition to punishments authorized by section 775.082. Baker v. State, 941 So.2d 419, 420 (Fla. 2d

Crapps v. State

968 So. 2d 627, 2007 WL 3118542

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 647572

Published

qualifying offense for PRR classification under section 775.082(9)(a)1.o., Florida Statutes (2005). *628 We

Dolansky v. State

964 So. 2d 188, 2007 Fla. App. LEXIS 12942, 2007 WL 2362337

District Court of Appeal of Florida | Filed: Aug 21, 2007 | Docket: 64852132

Published

sentence as an HFO is reversed and remanded. Section 775.082(9)(a)3, Florida Statutes (2004), provides that

Perez v. State

956 So. 2d 1221, 2007 Fla. App. LEXIS 7974, 2007 WL 1485979

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 64850792

Published

life sentence without the possibility of parole. § 775.082(1), Fla. Stat. (2001). The trial court also “reconfirmed”

Robinson v. State

955 So. 2d 1230, 2007 Fla. App. LEXIS 7154, 2007 WL 1372947

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 64850577

Published

offense occurred on September 24, 1994. In 1994, section 775.082(1), Florida Statutes (Supp.1994), provided

Walker v. State

955 So. 2d 1199, 2007 WL 1295759

District Court of Appeal of Florida | Filed: May 4, 2007 | Docket: 2564831

Published

Releasee Reoffender ("PRR") is illegal because section 775.082(9), Florida Statutes (2001) mandates that the

O'Neil v. State

949 So. 2d 338, 2007 Fla. App. LEXIS 2732, 2007 WL 601965

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 64849296

Published

PER CURIAM. Affirmed. See § 775.082(9)(a), Fla. Stat. (2005); MoniCode Ann. § 45-7-306(l)(a)(iv) (2005);

Martens v. State

948 So. 2d 938, 2007 Fla. App. LEXIS 1988, 2007 WL 486620

District Court of Appeal of Florida | Filed: Feb 16, 2007 | Docket: 64849149

Published

his sentence for the robbery charge violated section 775.082(3), Florida Statutes (1977), because the twenty-five-year

McDonald v. State

946 So. 2d 1266, 2007 Fla. App. LEXIS 909, 2007 WL 188290

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848648

Published

mandatory prison releasee reoffender sentence. See § 775.082(9)(c), Fla. Stat. (2003); Grant v. State, 770

Cribbs v. State

946 So. 2d 1232, 2007 Fla. App. LEXIS 169, 2007 WL 57829

District Court of Appeal of Florida | Filed: Jan 10, 2007 | Docket: 64848628

Published

offense under the Prison Releasee Reoffen-der Act. § 775.082(9)(a)(l), Fla. Stat. (2004). In its order, the

Pratte v. State

946 So. 2d 1184, 2006 Fla. App. LEXIS 21455, 2006 WL 3751299

District Court of Appeal of Florida | Filed: Dec 22, 2006 | Docket: 64848620

Published

years. See § 812.13(2)(b), Fla. Stat. (2001); § 775.082(3)(b), Fla. Stat. (2001). However, if the defendant’s

McCain v. State

944 So. 2d 507, 2006 WL 3733322

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 266225

Published

maximum sentence of fifteen years. See § 800.04(4); § 775.082(3)(c), Fla. Stat. (2002). Pursuant to section

Desmoke v. State

944 So. 2d 1184, 2006 Fla. App. LEXIS 20859, 2006 WL 3689145

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 64848326

Published

the maximum permissible sentence is five years, § 775.082(3)(d), Fla. Stat. (2000). There was therefore

Felts v. State

941 So. 2d 472, 2006 Fla. App. LEXIS 18288, 2006 WL 3078936

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847744

Published

punishable by a maximum sentence of five years. § 775.082(3)(d), Fla. Stat. (2004) (“For a felony of the

Felts v. State

941 So. 2d 472, 2006 Fla. App. LEXIS 18288, 2006 WL 3078936

District Court of Appeal of Florida | Filed: Nov 1, 2006 | Docket: 64847744

Published

punishable by a maximum sentence of five years. § 775.082(3)(d), Fla. Stat. (2004) (“For a felony of the

Negron v. State

932 So. 2d 1250, 2006 Fla. App. LEXIS 11606, 2006 WL 1899909

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64845684

Published

offense carried a sentence in accordance with section 775.082, Florida Statutes (1993), and a life sentence

Saridakis v. State

936 So. 2d 33, 2006 Fla. App. LEXIS 11613, 2006 WL 1896405

District Court of Appeal of Florida | Filed: Jul 12, 2006 | Docket: 64846203

Published

specification of degree is of the second degree.”); § 775.082(4)(b), Fla. Stat. (second degree misdemeanor punishable

State v. Robbins

936 So. 2d 22, 2006 Fla. App. LEXIS 10363, 2006 WL 1708311

District Court of Appeal of Florida | Filed: Jun 23, 2006 | Docket: 64846199

Published

qualifies as a prison releasee reoffender under section 775.082(9)(a) — constitutes a life felony pursuant

Smith v. State

929 So. 2d 1189, 2006 Fla. App. LEXIS 8958, 2006 WL 1541026

District Court of Appeal of Florida | Filed: Jun 7, 2006 | Docket: 64844823

Published

sentences are imposed under section 775.084, or section 775.082(9), Florida Statutes, and the Criminal Punishment

J.I.S. v. State

930 So. 2d 587, 31 Fla. L. Weekly Supp. 277, 2006 Fla. LEXIS 805

Supreme Court of Florida | Filed: May 11, 2006 | Docket: 64845179

Published

for an offense is prescribed by statute. See § 775.082, Fla. Stat. (2005). Section 985.231(l)(d), Florida

Peacock v. State

927 So. 2d 65, 2006 Fla. App. LEXIS 4858, 2006 WL 859166

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64844194

Published

felony barred any possibility of parole. See § 775.082(1), Fla. Stat. (1995). For the reasons set forth

Lopez v. State

925 So. 2d 1105, 2006 Fla. App. LEXIS 4863, 2006 WL 1117961

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843709

Published

DCA 2004) (stating that 2001 amendment to section 775.082(9)(a)(l)(q), which made burglary of an unoccupied

Graham v. State

933 So. 2d 1, 2006 WL 547972

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 2549200

Published

of the violent career criminal statute, see section 775.082(9)(a)1.o, Florida Statutes (2003), the same

Spencer v. State

922 So. 2d 282, 2006 Fla. App. LEXIS 1637, 2006 WL 304564

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 64842584

Published

exceed the maximum penalty allowable under section 775.082, Florida Statutes (2003), when combined with

Desmoke v. State

912 So. 2d 1284, 2005 Fla. App. LEXIS 17330, 2005 WL 2897039

District Court of Appeal of Florida | Filed: Nov 4, 2005 | Docket: 64840708

Published

1, at 2193, Laws of Florida, which amended section 775.082(9)(a)(l), Florida Statutes (2000), to include

Delgado v. State

911 So. 2d 198, 2005 Fla. App. LEXIS 14826, 2005 WL 2293185

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840430

Published

exceed the statutory maximum for the convictions. § 775.082(3)(c), Fla. Stat. (1999). The imposition of consecutive

Thomas v. State

909 So. 2d 601, 2005 Fla. App. LEXIS 13861, 2005 WL 2105371

District Court of Appeal of Florida | Filed: Sep 2, 2005 | Docket: 64840191

Published

statutory maximum sentence is five years. See § 775.082(3)(d), Fla. Stat. (2000 & 2002). Under the Criminal

Bishop v. State

907 So. 2d 1238, 2005 Fla. App. LEXIS 11040, 2005 WL 1677995

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64839751

Published

in the Prison Releasee Reoffender statute, section 775.082(9), Florida Statutes (2001). The trial court

J.I.S. v. State

902 So. 2d 890, 2005 Fla. App. LEXIS 8081

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 64838502

Published

had been an adult at the time of the offense. § 775.082(3)(c), Fla. Stat. (2003). In the disposition order

Labissiere v. State

904 So. 2d 516, 2005 Fla. App. LEXIS 7911, 2005 WL 1226078

District Court of Appeal of Florida | Filed: May 25, 2005 | Docket: 64839044

Published

as a first degree felony be corrected. See Section 775.082, Florida Statutes (2001). On remand the trial

Aumiller v. State

901 So. 2d 408, 2005 Fla. App. LEXIS 7229, 2005 WL 1162992

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838047

Published

theft is not a qualifying offense pursuant to section 775.082(9)(a)(l), Florida Statutes (2003). Thus, the

Aumiller v. State

901 So. 2d 408, 2005 Fla. App. LEXIS 7229, 2005 WL 1162992

District Court of Appeal of Florida | Filed: May 18, 2005 | Docket: 64838047

Published

theft is not a qualifying offense pursuant to section 775.082(9)(a)(l), Florida Statutes (2003). Thus, the

Dennewitz v. State

899 So. 2d 476, 2005 Fla. App. LEXIS 5053, 2005 WL 840187

District Court of Appeal of Florida | Filed: Apr 13, 2005 | Docket: 64837648

Published

each offense, less any time already served. See § 775.082(3)(c), Fla. Stat. (1992); Nixon v. State, 787

Hanna v. State

898 So. 2d 1200, 2005 WL 782710

District Court of Appeal of Florida | Filed: Apr 8, 2005 | Docket: 2524347

Published

GRIFFIN and THOMPSON, JJ., concur. NOTES [1] See § 775.082, Fla. Stat. (2003).

Wheeler v. State

898 So. 2d 1052, 2005 Fla. App. LEXIS 3525, 2005 WL 596993

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 64837438

Published

he did not qualify for a PRR sentence under section 775.082(9)(a)(l)(j), Florida Statutes (2002), which

Valdes v. State

892 So. 2d 565, 2005 Fla. App. LEXIS 1346, 2005 WL 292991

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64835769

Published

having a legal maximum of fifteen years. See § 775.082(3)(c), Fla. Stat. (2001).1 The defendant was sentenced

Gonzalez v. State

890 So. 2d 1194, 2005 Fla. App. LEXIS 63, 2005 WL 170878

District Court of Appeal of Florida | Filed: Jan 7, 2005 | Docket: 64835394

Published

exceeds the 15-year statutory maximum penalty. See § 775.082(3)(c), Fla. Stat. (2004). A sentence that exceeds

Jones v. State

889 So. 2d 172, 2004 Fla. App. LEXIS 19138, 2004 WL 2896461

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 64834994

Published

years in prison for a second degree felony. See § 775.082(9), Fla. Stat. (2000). Thus, Jones’ life sentence

Wilkinson v. State

889 So. 2d 110, 2004 Fla. App. LEXIS 17799, 2004 WL 2633635

District Court of Appeal of Florida | Filed: Nov 19, 2004 | Docket: 64834972

Published

Stat. (1983). He was sentenced pursuant to section 775.082(1), Florida Statutes (1983), which states the

Schmidt v. State

884 So. 2d 471, 2004 Fla. App. LEXIS 14632, 2004 WL 2251861

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833561

Published

felony. § 316.193(3)(c)3, Fla. Stat. (1992); § 775.082(3)(c), Fla. Stat. (1992). The attached records

Clark v. State

876 So. 2d 1271, 2004 Fla. App. LEXIS 10087, 2004 WL 1530498

District Court of Appeal of Florida | Filed: Jul 9, 2004 | Docket: 64831665

Published

802 So.2d 276 (Fla.2001). Under Huggins, section 775.082, Florida Statutes (2000) — the version of the

Chestnut v. State

874 So. 2d 731, 2004 Fla. App. LEXIS 8209, 2004 WL 1254601

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64830964

Published

prison as a prison releasee reoffender under section 775.082(9)(a)l, Florida Statutes (2001). During the

Chestnut v. State

874 So. 2d 731, 2004 Fla. App. LEXIS 8209, 2004 WL 1254601

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64830964

Published

prison as a prison releasee reoffender under section 775.082(9)(a)l, Florida Statutes (2001). During the

Berube v. State

873 So. 2d 635, 2004 Fla. App. LEXIS 7921, 2004 WL 1219240

District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 64830733

Published

thus exposing him to a PRR sentence under section 775.082(9)(a)(l), Florida Statutes (2002). The State

Justice v. State

873 So. 2d 599, 2004 Fla. App. LEXIS 7349, 2004 WL 1172998

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 64830717

Published

punishment of fifteen years imprisonment. See § 775.082(3)(c), Fla. Stat. (1998). However, the trial court

Johnson v. State

870 So. 2d 216, 2004 Fla. App. LEXIS 3601, 2004 WL 555151

District Court of Appeal of Florida | Filed: Mar 23, 2004 | Docket: 64829650

Published

The trial court summarily denied the motion. Section 775.082(8)(a)l.q., Florida Statutes (1997), states

Rodriguez v. State

863 So. 2d 1287, 2004 Fla. App. LEXIS 616, 2004 WL 134003

District Court of Appeal of Florida | Filed: Jan 28, 2004 | Docket: 64827600

Published

felonies to which he pled guilty is 15 years. See § 775.082(9)(a)(3)c, (9)(b) Fla. Stat. (2003). The order

Hernandez v. State

869 So. 2d 10, 2003 Fla. App. LEXIS 19209, 2003 WL 22956981

District Court of Appeal of Florida | Filed: Dec 17, 2003 | Docket: 64829096

Published

substitutes the following in its place. Affirmed. See § 775.082(9)(a)1.q., Fla. Stat. (2001) (effective July 1

Davis v. State

860 So. 2d 1101, 2003 Fla. App. LEXIS 18812, 2003 WL 22927232

District Court of Appeal of Florida | Filed: Dec 12, 2003 | Docket: 64826763

Published

correct the sentence/probation orders accordingly. § 775.082(3)(d), Fla. Stat. (2002). The State charged Appellant

Gould v. State

860 So. 2d 1056, 2003 Fla. App. LEXIS 18392, 2003 WL 22867641

District Court of Appeal of Florida | Filed: Dec 5, 2003 | Docket: 64826743

Published

of the prison releasee reoffender statute, section 775.082(9)(d), Florida Statutes (2001). We affirm.

Gremmels v. State

858 So. 2d 1167, 2003 Fla. App. LEXIS 16967, 2003 WL 22514889

District Court of Appeal of Florida | Filed: Nov 7, 2003 | Docket: 64826400

Published

statutory maximum, the sentence was illegal. See § 775.082, Fla. Stat. (2001); State v. Holmes, 360 So.2d

Neeley v. State

856 So. 2d 1124, 2003 Fla. App. LEXIS 15723, 2003 WL 22399751

District Court of Appeal of Florida | Filed: Oct 22, 2003 | Docket: 64825821

Published

sentenced as a prison re-leasee reoffender under section 775.082(9), Florida Statutes (2002). He also received

Gonzalez v. State

854 So. 2d 847, 2003 Fla. App. LEXIS 14370, 2003 WL 22191300

District Court of Appeal of Florida | Filed: Sep 24, 2003 | Docket: 64825187

Published

those enumerated as qualifying offenses in section 775.082(9)(a), Florida Statutes (Supp.1998). Review

Gathers v. State

852 So. 2d 929, 2003 Fla. App. LEXIS 12525, 2003 WL 21980391

District Court of Appeal of Florida | Filed: Aug 21, 2003 | Docket: 64824446

Published

maximum term of imprisonment is allowed. § 848.01; § 775.082(3)(d), Fla. Stat. The concurrent fifteen year

Hall v. State

855 So. 2d 116, 2003 Fla. App. LEXIS 11047, 2003 WL 21697020

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 64825235

Published

a prison releasee reoffender, pursuant to section 775.082(9), Florida Statutes (2000). The trial court

Clayton v. State

842 So. 2d 971, 2003 WL 1855107

District Court of Appeal of Florida | Filed: Apr 11, 2003 | Docket: 1730569

Published

reoffender. Clayton correctly observes that section 775.082(9)(d), Florida Statutes (2001), was found to

Bell v. State

840 So. 2d 1120, 2003 Fla. App. LEXIS 4554, 2003 WL 1900886

District Court of Appeal of Florida | Filed: Mar 25, 2003 | Docket: 64821607

Published

State, 358 So.2d 10, 12 (Fla.1978). See also § 775.082, Fla. Stat. . THOMPSON, C.J., SHARP, W., and ORFINGER

Garner v. State

839 So. 2d 924, 2003 Fla. App. LEXIS 3729, 2003 WL 1239643

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64821258

Published

sentenced as a prison releasee reoffender. See § 775.082(9), Fla. Stat. (1999). Because Jimmy Ryce facilities

Williams v. State

836 So. 2d 1082, 2003 Fla. App. LEXIS 1015, 2003 WL 241777

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 64820628

Published

maximum sentence provided for life felonies. See § 775.082(3)(a), Fla. Stat. (1989). Williams’ confusion

Scott v. State

835 So. 2d 1247, 2003 Fla. App. LEXIS 760, 2003 WL 187464

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 64820174

Published

only invalidated the proposed amendments to section 775.082, Florida Statutes (1999), not the entire statute

Scott v. State

835 So. 2d 1247, 2003 Fla. App. LEXIS 760, 2003 WL 187464

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 64820174

Published

only invalidated the proposed amendments to section 775.082, Florida Statutes (1999), not the entire statute

Dubose v. State

834 So. 2d 423, 2003 Fla. App. LEXIS 7126, 2003 WL 245321

District Court of Appeal of Florida | Filed: Jan 17, 2003 | Docket: 64819890

Published

conviction. Both sentences were imposed under section 775.082, Florida Statutes (2001), the prison releasee

Higginbotham v. State

833 So. 2d 883, 2003 Fla. App. LEXIS 150, 2003 WL 69556

District Court of Appeal of Florida | Filed: Jan 10, 2003 | Docket: 64819776

Published

Punishment Act in effect at the time of his crime. § 775.082, Fla. Stat. (1997). See Jones v. State, 824 So

Sanders v. State

836 So. 2d 1031, 2002 Fla. App. LEXIS 19868, 2002 WL 32002656

District Court of Appeal of Florida | Filed: Dec 23, 2002 | Docket: 64820609

Published

PER CURIAM. AFFIRMED. See § 775.082, Fla. Stat. See and compare Grant v. State, 770 So.2d 655 (Fla.2000)

Rolle v. State

830 So. 2d 239, 2002 Fla. App. LEXIS 16877, 2002 WL 31507115

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 64818962

Published

offense was committed on December 27, 1995. Section 775.082(3)(a)3, Florida Statutes (1995), was amended

State v. Fortson

828 So. 2d 1048, 2002 Fla. App. LEXIS 14789, 2002 WL 31292280

District Court of Appeal of Florida | Filed: Oct 14, 2002 | Docket: 64818443

Published

seek the enhanced maximum penalty pursuant to section 775.082(9), Florida Statutes, and alleged that Fortson

P.I.W. v. State

827 So. 2d 383, 2002 Fla. App. LEXIS 14543, 2002 WL 31251721

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64817922

Published

first degree misdemeanor, which is one year. See § 775.082(4), Fla. Stat. (2001). Affirmed; remanded for

Starlite Diners, Inc. v. Oswalt

823 So. 2d 312, 2002 Fla. App. LEXIS 11653, 2002 WL 1875748

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 64816838

Published

the second degree, punishable as provided in section 775.082 or section 775.083. A second or subsequent

Collins v. State

823 So. 2d 299, 2002 Fla. App. LEXIS 11556, 2002 WL 1842824

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 64816829

Published

guidelines); § 794.011(2), Fla. Stat. (1989); § 775.082, Fla. Stat. (1989).

Christopher v. State

821 So. 2d 1275, 2002 Fla. App. LEXIS 10940, 2002 WL 1769008

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 64816575

Published

Releasee Reoffender Punishment Act (PRRPA), section 775.082(9)(a)(l)(q), Florida Statutes (2000). The information

Roberts v. State

821 So. 2d 1144, 2002 Fla. App. LEXIS 9416, 2002 WL 1429424

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 64816519

Published

for parole. See § 775.082(1), Fla. Stat. (1981). As in Cordero-Pena, section 775.082(1) controls Robert’s

Eckard v. State

816 So. 2d 771, 2002 Fla. App. LEXIS 6358, 2002 WL 939760

District Court of Appeal of Florida | Filed: May 10, 2002 | Docket: 64815212

Published

for this offense is 60 months imprisonment. See § 775.082(3)(d), Fla. Stat.(1997). Eckard’s recommended

Jackson v. State

817 So. 2d 927, 2002 Fla. App. LEXIS 6144, 2002 WL 1378808

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 64815499

Published

Releasee Reoffender Punishment Act (PRR), section 775.082(9)(a)(l)(q), Florida Statutes (2000), for burglary

Moultrie v. State

813 So. 2d 1073, 2002 Fla. App. LEXIS 5169, 2002 WL 662726

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 64814359

Published

imprisonment as a prison re-leasee reoffender. See § 775.082(9), Fla. Stat. (2000). Because Mr. Moultrie entered

Brown v. State

816 So. 2d 1112, 27 Fla. L. Weekly Supp. 357, 2002 Fla. LEXIS 785, 2002 WL 571681

Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 64815333

Published

1999), in which the First District held that section 775.082(8)(a)2.a., Florida Statutes (1997), which provides

Pitts v. State

813 So. 2d 290, 2002 Fla. App. LEXIS 4800, 2002 WL 553434

District Court of Appeal of Florida | Filed: Apr 16, 2002 | Docket: 64814178

Published

applicable five year statutory maximum under section 775.082(3)(d), Fla. Stat., the sentence is vacated

Foresta v. State

814 So. 2d 384, 27 Fla. L. Weekly Supp. 246, 2002 Fla. LEXIS 435, 2002 WL 390002

Supreme Court of Florida | Filed: Mar 14, 2002 | Docket: 64814483

Published

RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Gonzalez v. State

810 So. 2d 1051, 2002 Fla. App. LEXIS 2985, 2002 WL 385224

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 64813273

Published

the Prison Releasee Reoffender Act (PRR), Section 775.082, Fla. Stat. (1999), in that the mandatory 15

M.J.Y. v. State

811 So. 2d 700, 2002 Fla. App. LEXIS 1115, 2002 WL 180358

District Court of Appeal of Florida | Filed: Feb 6, 2002 | Docket: 64813489

Published

days in jail. § 877.13(l)(a), Fla. Stat. (1999); § 775.082(4)(b), Fla. Stat. (1999). Trespass in an occupied

Ferrington v. State

804 So. 2d 570, 2002 Fla. App. LEXIS 275, 2002 WL 63360

District Court of Appeal of Florida | Filed: Jan 18, 2002 | Docket: 64811608

Published

193(3)(c)(3)(a), Fla. Stat. (1996); see also § 775.082(3)(c), Fla. Stat. (1995). However, the appellant’s

Navarro v. State

805 So. 2d 1047, 2002 Fla. App. LEXIS 209, 2002 WL 54514

District Court of Appeal of Florida | Filed: Jan 16, 2002 | Docket: 64812010

Published

punishable by life, then the sentence is a life term. § 775.082(8)(a)2.a., Fla. Stat. (1997). In accordance with

Nelson v. State

807 So. 2d 98, 2002 Fla. App. LEXIS 170, 2002 WL 46849

District Court of Appeal of Florida | Filed: Jan 15, 2002 | Docket: 64812403

Published

Statutes, as an habitual felony offender or under section 775.082, Florida Statutes, as a prison releasee reoffender

Newmones v. State

802 So. 2d 517, 2001 Fla. App. LEXIS 18498, 2001 WL 1657188

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 64811053

Published

question to the Florida Supreme Court: DOES SECTION 775.082(8)(a)2.a„ FLORIDA STATUTES (1997), WHICH MANDATES

Gaines v. State

802 So. 2d 1182, 2001 Fla. App. LEXIS 18261, 2001 WL 1647340

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 64811251

Published

“hard labor.” § 782.04(3), Fla. Stat. (2000); § 775.082(3)(b), Fla. Stat. (2000); Holman v. State, 740

Dubalski v. State

801 So. 2d 1002, 2001 Fla. App. LEXIS 17844, 2001 WL 1614302

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 64810818

Published

imprisonment with a twenty-five-year minimum mandatory. § 775.082(1), Fla. Stat. (1987). However, there is no statutory

Dudley v. State

802 So. 2d 461, 2001 WL 1614162

District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 2577964

Published

prison releasee reoffender (PRR), pursuant to section 775.082(9)(a)(1), Florida Statutes (2000). The written

Jackson v. State

801 So. 2d 315, 2001 Fla. App. LEXIS 17751, 2001 WL 1598781

District Court of Appeal of Florida | Filed: Dec 17, 2001 | Docket: 64810675

Published

Prison Releasee Reoffender Punishment Act, section 775.082(8)(a)2.a., Florida Statutes (1997), following

Dimon v. State

801 So. 2d 228, 2001 Fla. App. LEXIS 17209, 2001 WL 1557786

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 64810629

Published

second-degree felony, which is 15 years. See § 775.082(3)(c), Fla. Stat. (1995); Arnett v. State, 598

McKinney v. State

797 So. 2d 1253, 26 Fla. L. Weekly Supp. 658, 2001 Fla. LEXIS 1924, 2001 WL 1165590

Supreme Court of Florida | Filed: Oct 4, 2001 | Docket: 64809660

Published

RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Morales v. State

795 So. 2d 231, 2001 Fla. App. LEXIS 13446

District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 64808803

Published

felony, exceeds the five year statutory maximum. § 775.082(3)(d), Fla. Stat. (1999). We agree. Accordingly

Johnson v. State

795 So. 2d 178, 2001 Fla. App. LEXIS 12531, 2001 WL 1014032

District Court of Appeal of Florida | Filed: Sep 6, 2001 | Docket: 64808786

Published

sentence imposed by the trial court pursuant to section 775.082(9)(a)3.a., Florida Statutes (1999). We affirm

Appolon v. State

792 So. 2d 1235, 2001 Fla. App. LEXIS 12103, 2001 WL 985785

District Court of Appeal of Florida | Filed: Aug 29, 2001 | Docket: 64807886

Published

PRR sentence. See id. at 659 (“[Bjecause ‘section 775.082(8)(c) only authorizes the court to deviate

Roberts v. State

793 So. 2d 133, 2001 Fla. App. LEXIS 11881, 2001 WL 946415

District Court of Appeal of Florida | Filed: Aug 22, 2001 | Docket: 64807968

Published

As the state concedes, because section 775.082(8)(c), now section 775.082(9), Florida Statutes (2000),

Vargas v. State

793 So. 2d 1062, 2001 Fla. App. LEXIS 10344, 2001 WL 830530

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64808200

Published

statutory maximum for a third degree felony. See § 775.082(3)(d), Fla. Stat. (1999). Subsequently, the State

Reynolds v. State

790 So. 2d 1185, 2001 Fla. App. LEXIS 10184, 2001 WL 815051

District Court of Appeal of Florida | Filed: Jul 20, 2001 | Docket: 64807254

Published

not implicate the PRR sentencing statute. See § 775.082, Fla. Stat. (1999). Reversed and remand for resentencing

Price v. State

791 So. 2d 1086, 26 Fla. L. Weekly Supp. 669, 2001 Fla. LEXIS 1383, 2001 WL 776247

Supreme Court of Florida | Filed: Jul 12, 2001 | Docket: 64807556

Published

RELEASEE REOF-FENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Medina v. State

786 So. 2d 1260, 2001 Fla. App. LEXIS 8101, 2001 WL 669311

District Court of Appeal of Florida | Filed: Jun 15, 2001 | Docket: 64805971

Published

the Prison Releasee Reoffender Act (PRRA), section 775.082(9)(a)(l), Florida Statutes (Supp.1998). He

Fortune v. State

786 So. 2d 1237, 2001 Fla. App. LEXIS 7996, 2001 WL 649079

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64805960

Published

becoming eligible for parole in conformity with section 775.082(1), Florida Statutes (1977). Fortune alleges

Litts v. State

786 So. 2d 1218, 2001 Fla. App. LEXIS 7536, 2001 WL 584462

District Court of Appeal of Florida | Filed: Jun 1, 2001 | Docket: 64805948

Published

term of years not exceeding life imprisonment. § 775.082(3)(a)(3), Fla. Stat. (1997). Affirmed. THREADGILL

Wood v. State

795 So. 2d 104, 2001 Fla. App. LEXIS 7473, 2001 WL 574836

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 64808749

Published

as a prison releasee reoffender pursuant to section 775.082(9)(a)1.q., Florida Statutes (Supp. 1998).1

Alvarez v. State

785 So. 2d 1240, 2001 Fla. App. LEXIS 7179, 2001 WL 543414

District Court of Appeal of Florida | Filed: May 23, 2001 | Docket: 64805634

Published

year maximum for a first degree felony under section 775.082(3)(a), Florida Statutes (1981). As the trial

Bennett v. State

806 So. 2d 503, 2001 Fla. App. LEXIS 7029, 2001 WL 530477

District Court of Appeal of Florida | Filed: May 21, 2001 | Docket: 64812174

Published

question as one of great public importance: DOES SECTION 775.082(9)(A)3A, FLORIDA STATUTES (1999), WHICH MANDATES

Danzy v. State

783 So. 2d 1239, 2001 Fla. App. LEXIS 6608, 2001 WL 505225

District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 64805112

Published

reference to the Prison Releasee Reoffender Act, section 775.082(9)(a)l.q., Florida Statutes (1999). WOLF and

Graff v. State

785 So. 2d 649, 2001 Fla. App. LEXIS 6142, 2001 WL 483994

District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 64805456

Published

released for purposes of sentencing under section 775.082(8)(a), Florida Statutes (1997). We agree. This

Dinnocenzo v. State

793 So. 2d 37, 2001 Fla. App. LEXIS 5940, 2001 WL 468073

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 64807932

Published

the Prison Releasee Reoffender Act (PRRA), section 775.082(9)(a)(l), Florida Statutes (2000), was erroneous

Dinnocenzo v. State

793 So. 2d 37, 2001 Fla. App. LEXIS 5940, 2001 WL 468073

District Court of Appeal of Florida | Filed: May 4, 2001 | Docket: 64807932

Published

the Prison Releasee Reoffender Act (PRRA), section 775.082(9)(a)(l), Florida Statutes (2000), was erroneous

Portela v. State

786 So. 2d 35, 2001 Fla. App. LEXIS 5814, 2001 WL 456518

District Court of Appeal of Florida | Filed: May 2, 2001 | Docket: 64805663

Published

authorized by the PRR Act. Because section 775.082(8)(c), now section 775.082(9), Florida Statutes (2000),

State v. Anderson

781 So. 2d 1173, 2001 Fla. App. LEXIS 4769, 2001 WL 356935

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 64804644

Published

as a prison releasee reoffender pursuant to section 775.082(9)(a)l.q., Florida Statutes (Supp.1998). We

Nixon v. State

787 So. 2d 84, 2001 Fla. App. LEXIS 3202, 2001 WL 245737

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 64806027

Published

see § 775.082(3)(b), Fla. Stat. (1991); for a second-degree felony, fifteen years, see § 775.082(3)(c);

Hemmis v. State

780 So. 2d 942, 2001 Fla. App. LEXIS 1846, 26 Fla. L. Weekly Fed. D 540

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64804411

Published

sentence. Grant v. State, 770 So.2d 655 (Fla.2000); § 775.082(9)(c), Fla. Stat. (Supp.1998); Yehowshua v. State

Tate v. State

778 So. 2d 486, 2001 Fla. App. LEXIS 1770, 2001 WL 167001

District Court of Appeal of Florida | Filed: Feb 21, 2001 | Docket: 64803796

Published

maximum sentence for third degree felonies. See § 775.082(3)(d), Fla. Stat. (1993). On remand, the trial

Gaines v. State

816 So. 2d 648, 2001 Fla. App. LEXIS 1314, 2001 WL 120122

District Court of Appeal of Florida | Filed: Feb 14, 2001 | Docket: 64815191

Published

question of great public importance: DOES SECTION 775.082(8)(A)2A, FLORIDA STATUTES (1997), WHICH MANDATES

Snell v. State

777 So. 2d 972, 26 Fla. L. Weekly Supp. 71, 2001 Fla. LEXIS 256, 2001 WL 101706

Supreme Court of Florida | Filed: Feb 8, 2001 | Docket: 64803572

Published

RELEASEE REOF-FENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Clarke v. State

777 So. 2d 971, 26 Fla. L. Weekly Supp. 71, 2001 Fla. LEXIS 255, 2001 WL 101633

Supreme Court of Florida | Filed: Feb 8, 2001 | Docket: 64803571

Published

PRISON RELEASEE REOF-FENDER ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Hunter v. State

776 So. 2d 368, 2001 Fla. App. LEXIS 986, 2001 WL 85539

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 64803247

Published

a Prison Releasee Re offender pursuant to section 775.082(8), Florida Statutes (1997) and a Habitual

Hunter v. State

776 So. 2d 368, 2001 Fla. App. LEXIS 986, 2001 WL 85539

District Court of Appeal of Florida | Filed: Feb 2, 2001 | Docket: 64803247

Published

a Prison Releasee Re offender pursuant to section 775.082(8), Florida Statutes (1997) and a Habitual

Cook v. State

784 So. 2d 403, 26 Fla. L. Weekly Supp. 68, 2001 Fla. LEXIS 155, 2001 WL 81778

Supreme Court of Florida | Filed: Feb 1, 2001 | Docket: 64805168

Published

RELEASEE REOF-FENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Brown v. State

775 So. 2d 1019, 2001 Fla. App. LEXIS 787, 2001 WL 76318

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803129

Published

sentence and the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997). See Grant v. State

Turner v. State

778 So. 2d 974, 26 Fla. L. Weekly Supp. 59, 2001 Fla. LEXIS 58, 2001 WL 62545

Supreme Court of Florida | Filed: Jan 25, 2001 | Docket: 64803910

Published

PRISON RELEASEE REOF-FENDER ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Durden v. State

777 So. 2d 416, 26 Fla. L. Weekly Supp. 48, 2001 Fla. LEXIS 42, 2001 WL 40386

Supreme Court of Florida | Filed: Jan 18, 2001 | Docket: 64803499

Published

RELEASEE REOF-FENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Jackson v. State

776 So. 2d 271, 26 Fla. L. Weekly Supp. 25, 2001 Fla. LEXIS 9, 2001 WL 23115

Supreme Court of Florida | Filed: Jan 11, 2001 | Docket: 64803222

Published

RELEASEE REOF-FENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Watson v. State

774 So. 2d 902, 2001 Fla. App. LEXIS 24, 2001 WL 6186

District Court of Appeal of Florida | Filed: Jan 3, 2001 | Docket: 64802791

Published

false imprisonment of four people. Pursuant to section 775.082(8), Florida Statutes (1997), the Prison Releas-ee

Willems v. State

770 So. 2d 758, 2000 Fla. App. LEXIS 15039, 2000 WL 1713454

District Court of Appeal of Florida | Filed: Nov 17, 2000 | Docket: 64801565

Published

term of imprisonment not exceeding one year. § 775.082(4)(a), Fla. Stat. (1997). The second-degree misdemeanor

Stuart v. State

771 So. 2d 1192, 2000 Fla. App. LEXIS 13235, 2000 WL 1514107

District Court of Appeal of Florida | Filed: Oct 13, 2000 | Docket: 64801889

Published

thirty years is the maximum allowable penalty. See § 775.082(3)(b). . These two counts were violations of

Quiles v. State

777 So. 2d 992, 2000 Fla. App. LEXIS 13043, 2000 WL 1476580

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 64803578

Published

incarceration. See § 800.04, Fla. Stat. (1995); § 775.082(3)(c), Fla. Stat. (1995). As to this conviction

McCarthy v. State

773 So. 2d 88, 2000 Fla. App. LEXIS 11875, 2000 WL 1344288

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64802277

Published

Punishment Act, section 775.082(8), Florida Statutes (1997) (renumbered as section 775.082(9)(a)(l), by

Brandon v. State

768 So. 2d 1189, 2000 Fla. App. LEXIS 11881, 2000 WL 1344624

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 64800878

Published

Reoffen-der Punishment Act, as codified at section 775.082(8), Fla. Stat. (1997) is unconstitutional,

Scott v. State

763 So. 2d 1269, 2000 Fla. App. LEXIS 9650, 2000 WL 1060480

District Court of Appeal of Florida | Filed: Aug 2, 2000 | Docket: 64799280

Published

the Prison Releasee Reoffender Act (“Act”), section 775.082(8)(a)l, Florida Statutes (1997). Appellant

Demps v. State

763 So. 2d 1267, 2000 Fla. App. LEXIS 9387, 2000 WL 1021164

District Court of Appeal of Florida | Filed: Jul 26, 2000 | Docket: 64799278

Published

as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997). Appellant’s arguments

Robinson v. State

762 So. 2d 909, 25 Fla. L. Weekly Supp. 604, 2000 Fla. LEXIS 1362, 2000 WL 889792

Supreme Court of Florida | Filed: Jul 6, 2000 | Docket: 64798807

Published

applicable sentence appears to be five years. See § 775.082(3)(d), Fla. Stat. (1997) (providing five-year

Johnson v. State

765 So. 2d 773, 2000 Fla. App. LEXIS 8284, 2000 WL 873491

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 64799863

Published

court must impose the sentence under PRR. See § 775.082(8)(c) (“Nothing in this subsection shall prevent

Green v. State

762 So. 2d 523, 25 Fla. L. Weekly Supp. 537, 2000 Fla. LEXIS 1282, 2000 WL 854276

Supreme Court of Florida | Filed: Jun 29, 2000 | Docket: 64798676

Published

of the Prisoner Re-leasee Reoffender Act, section 775.082(8), Florida Statutes (1997)(the “Act”). We

Barge v. State

763 So. 2d 1239, 2000 WL 728776

District Court of Appeal of Florida | Filed: Jun 8, 2000 | Docket: 2554150

Published

Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997). This court has

Price v. State

764 So. 2d 694, 2000 Fla. App. LEXIS 6885, 2000 WL 728818

District Court of Appeal of Florida | Filed: Jun 8, 2000 | Docket: 64799402

Published

Appellant challenges sentences imposed pursuant to section 775.082(8), Florida Statutes (1997), the “Prison Releasee

Nelson v. State

761 So. 2d 452, 2000 Fla. App. LEXIS 6669, 2000 WL 707305

District Court of Appeal of Florida | Filed: Jun 2, 2000 | Docket: 64798350

Published

Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997). Mr. Nelson claims

Chambers v. State

764 So. 2d 658, 2000 WL 574366

District Court of Appeal of Florida | Filed: May 15, 2000 | Docket: 470274

Published

as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997). On Count One,

Rooney v. State

756 So. 2d 1100, 2000 Fla. App. LEXIS 5266, 2000 WL 526298

District Court of Appeal of Florida | Filed: May 3, 2000 | Docket: 64797068

Published

Prison Re-leasee Reoffender Punishment Act, section 775.082, Florida Statutes (1997), asserts that the

Bell v. State

765 So. 2d 83, 2000 Fla. App. LEXIS 4812, 2000 WL 484780

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64799640

Published

years not exceeding life or as provided by section 775.082 which provides for a 30 year maximum unless

Meyers v. State

757 So. 2d 1230, 2000 Fla. App. LEXIS 4543, 2000 WL 389979

District Court of Appeal of Florida | Filed: Apr 19, 2000 | Docket: 64797287

Published

August 6, 1998. Mr. Meyers *1231asserts that section 775.082(8), Florida Statutes (1997), the Prison Releasee

White v. State

755 So. 2d 195, 2000 Fla. App. LEXIS 4484, 2000 WL 380249

District Court of Appeal of Florida | Filed: Apr 17, 2000 | Docket: 64796623

Published

RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Warner v. State

773 So. 2d 78, 2000 Fla. App. LEXIS 3769, 2000 WL 331592

District Court of Appeal of Florida | Filed: Mar 31, 2000 | Docket: 64802273

Published

RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Honaker v. State

790 So. 2d 443, 2000 Fla. App. LEXIS 3548, 2000 WL 305146

District Court of Appeal of Florida | Filed: Mar 27, 2000 | Docket: 64807085

Published

Prison Releasee Reof-fender Punishment Act, section 775.082(8), Florida Statutes (1997), is unconstitutional

Motes v. State

765 So. 2d 75, 2000 Fla. App. LEXIS 3549, 2000 WL 305144

District Court of Appeal of Florida | Filed: Mar 27, 2000 | Docket: 64799638

Published

Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997), is unconstitutional

Marshall v. State

753 So. 2d 767, 2000 Fla. App. LEXIS 3455, 2000 WL 296521

District Court of Appeal of Florida | Filed: Mar 23, 2000 | Docket: 64795982

Published

appellant’s challenges to the constitutionality of section 775.082(8), Florida Statutes (1997). See Chambers v

Marshall v. State

753 So. 2d 767, 2000 Fla. App. LEXIS 3455, 2000 WL 296521

District Court of Appeal of Florida | Filed: Mar 23, 2000 | Docket: 64795982

Published

appellant’s challenges to the constitutionality of section 775.082(8), Florida Statutes (1997). See Chambers v

Sheffield v. State

790 So. 2d 440, 2000 Fla. App. LEXIS 3309, 2000 WL 289943

District Court of Appeal of Florida | Filed: Mar 21, 2000 | Docket: 64807080

Published

Prison Releasee Reoffender Punishment Act, section 775.082(8), Florida Statutes (1997), is unconstitutional

Smith v. State

790 So. 2d 436, 2000 Fla. App. LEXIS 2930, 2000 WL 282514

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 64807079

Published

(1997), and his sentence entered pursuant to section 775.082(8), the Prison Releasee Reoffender Punishment

Baldwin v. State

790 So. 2d 434, 2000 Fla. App. LEXIS 2196, 2000 WL 257164

District Court of Appeal of Florida | Filed: Mar 6, 2000 | Docket: 64807076

Published

firearm. Baldwin was sen*435tenced, under section 775.082(8), Florida Statutes (1997), as a prison releasee

Austin v. State

790 So. 2d 433, 2000 Fla. App. LEXIS 2197, 2000 WL 241810

District Court of Appeal of Florida | Filed: Mar 6, 2000 | Docket: 64807075

Published

briefly discussed. ' Appellant challenges section 775.082(8), Florida Statutes (the Prison Releasee Reoffen-der

McKinney v. State

751 So. 2d 766, 2000 Fla. App. LEXIS 1978, 2000 WL 228063

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64795236

Published

RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Snell v. State

752 So. 2d 95, 2000 Fla. App. LEXIS 1945, 2000 WL 220381

District Court of Appeal of Florida | Filed: Feb 28, 2000 | Docket: 64795418

Published

numerous challenges to the constitutionality of section 775.082(8), Florida Statutes (1997). See Chambers v

Robinson v. State

751 So. 2d 737, 2000 Fla. App. LEXIS 1626, 2000 WL 196700

District Court of Appeal of Florida | Filed: Feb 21, 2000 | Docket: 64795211

Published

sentenced as a prison releas-ee reoffender under section 775.082(8), Florida Statutes (1997), raises numerous

Robinson v. State

766 So. 2d 283, 2000 Fla. App. LEXIS 1383, 2000 WL 174605

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 64800125

Published

Offender (HFO). We reverse the PRR sentence. Section 775.082(8) defines a “Prison re-leasee reoffender”

Noble v. State

765 So. 2d 58, 2000 Fla. App. LEXIS 1043, 2000 WL 140437

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64799621

Published

the Prison Releasee Reoffender Act (Act), section 775.082(8), Florida Statutes (1997). Noble was released

Kirkendall v. State

749 So. 2d 571, 2000 Fla. App. LEXIS 412, 2000 WL 44115

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 64794214

Published

as a prison releasee reoffender pursuant to section 775.082(8), Florida Statutes (1997). First, Mr. Kirkendall

State v. Sloan

751 So. 2d 132, 2000 Fla. App. LEXIS 292, 2000 WL 35833

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 64794966

Published

to sentence Gregory Sloan *133pursuant to section 775.082(8), Florida Statutes (1997), the Prison Releasee

Roberts v. State

764 So. 2d 620, 2000 Fla. App. LEXIS 315, 2000 WL 36278

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 64799378

Published

Releasee Reoffender Punishment Act, codified as section 775.082(8), Florida Statutes (1997), violate the separation

Balkcom v. State

747 So. 2d 1056, 2000 Fla. App. LEXIS 87, 2000 WL 5929

District Court of Appeal of Florida | Filed: Jan 7, 2000 | Docket: 64793588

Published

Prison Releasee Reoffender Punishment Act, section 775.082, Florida Statutes (1997) (“Act”), is an unconstitutional

Marzullo v. State

791 So. 2d 1, 1999 Fla. App. LEXIS 16878, 1999 WL 1188497

District Court of Appeal of Florida | Filed: Dec 16, 1999 | Docket: 64807319

Published

RELEASEE REOFFENDER PUNISHMENT ACT, CODIFIED AS SECTION 775.082(8), FLORIDA STATUTES (1997), VIOLATE THE SEPARATION

Brown v. State

830 So. 2d 835, 1999 Fla. App. LEXIS 16587, 1999 WL 1112715

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64819034

Published

sentenced as a prison releasee reoffender under section 775.082(8), Florida Statutes (1997), to life imprisonment

Wheaton v. State

795 So. 2d 967, 1999 Fla. App. LEXIS 14003, 1999 WL 965484

District Court of Appeal of Florida | Filed: Oct 25, 1999 | Docket: 64808991

Published

raises numerous constitutional challenges to section 775.082(8), Florida Statutes (1997), the Prison Releasee

Mickle v. State

741 So. 2d 645, 1999 Fla. App. LEXIS 13209, 1999 WL 817814

District Court of Appeal of Florida | Filed: Oct 6, 1999 | Docket: 64791110

Published

challenges to the Prison Releasee Reoffender Act, section 775.082(8), Florida Statutes (1997). See Rollinson

Rollinson v. State

743 So. 2d 585, 1999 Fla. App. LEXIS 12727

District Court of Appeal of Florida | Filed: Sep 29, 1999 | Docket: 64791745

Published

Rollinson appeals his sentence imposed pursuant to section 775.082(8), Florida Statutes (1997), the “Prison Releasee

Spencer v. State

739 So. 2d 1247, 1999 Fla. App. LEXIS 11037, 1999 WL 618188

District Court of Appeal of Florida | Filed: Aug 17, 1999 | Docket: 64790510

Published

imposed a sentence under section 775.082, the original sentence under section 775.082 which Mr. Spencer began

Williams v. State

733 So. 2d 1085, 1999 Fla. App. LEXIS 5935, 1999 WL 284031

District Court of Appeal of Florida | Filed: May 10, 1999 | Docket: 64788469

Published

sentence of five years for such felonies under section 775.082(3)(d), Florida Statutes. The trial court summarily

White v. State

641 So. 2d 927, 1994 Fla. App. LEXIS 7641, 1994 WL 397626

District Court of Appeal of Florida | Filed: Aug 3, 1994 | Docket: 64750517

Published

maximum for a third-degree felony authorized by section 775.082(3)(d), Florida Statutes (1991). However, unlike

Walker v. State

639 So. 2d 1030, 1994 Fla. App. LEXIS 6656, 1994 WL 321683

District Court of Appeal of Florida | Filed: Jul 8, 1994 | Docket: 64749696

Published

attempted murder. Walker argues that, under section 775.082(3)(a), Florida Statutes (1991), the trial court

Perry v. State

637 So. 2d 988, 1994 Fla. App. LEXIS 5335, 1994 WL 241752

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 64748857

Published

800(a) motion, Appellant contends that under section 775.082(3)(b), the penalty provision for first degree

Perry v. State

637 So. 2d 988, 1994 Fla. App. LEXIS 5335, 1994 WL 241752

District Court of Appeal of Florida | Filed: Jun 7, 1994 | Docket: 64748857

Published

800(a) motion, Appellant contends that under section 775.082(3)(b), the penalty provision for first degree

Collier v. State

535 So. 2d 316, 13 Fla. L. Weekly 2651, 1988 Fla. App. LEXIS 5487, 1988 WL 130067

District Court of Appeal of Florida | Filed: Dec 8, 1988 | Docket: 64639173

Published

felony punishable by a maximum of 15 years. Section 775.-082(3)(c) Florida Statutes. The Tennessee statute

Coban v. State

502 So. 2d 1262, 12 Fla. L. Weekly 643, 1986 Fla. App. LEXIS 11615

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64625245

Published

without eligibility for parole for 25 years. § 775.082(1), Fla.Stat. (1985). Thus, the state concludes

Godwin v. State

369 So. 2d 577, 1979 Fla. LEXIS 4633

Supreme Court of Florida | Filed: Mar 29, 1979 | Docket: 64569584

Published

eligibility for parole for twenty-five years. § 775.082(1), Fla.Stat. (1975). The appellant raised the

Johnson v. State

315 So. 2d 169, 1975 Fla. LEXIS 3115

Supreme Court of Florida | Filed: Jun 25, 1975 | Docket: 64547720

Published

the second degree, punishable as provided in § 775.082 or § 775.083.” Appellant filed a motion to dismiss

Johnson v. State

315 So. 2d 169, 1975 Fla. LEXIS 3115

Supreme Court of Florida | Filed: Jun 25, 1975 | Docket: 64547720

Published

the second degree, punishable as provided in § 775.082 or § 775.083.” Appellant filed a motion to dismiss