Weire v. State
Docket: No. 4D99-3831
Court: District Court of Appeal of Florida; February 6, 2001; Florida; State Appellate Court
Appellant’s convictions for robbery with a deadly weapon and armed kidnapping are affirmed. However, the life imprisonment sentence imposed under the prison releasee reoffender (PRR) statute, which includes a fifteen-year mandatory minimum as a habitual violent felony offender, is reversed. The court clarifies that once the state proves by a preponderance of evidence that a defendant qualifies as a PRR, sentencing must comply with the PRR Act. The trial court may only deviate from the PRR Act to impose a greater lawful sentence. In this case, since the appellant qualifies as a PRR, the trial court is directed to impose the life sentence as mandated by the PRR Act but must strike the portion of the sentence related to the habitual violent felony statute. The decision is affirmed in part, reversed regarding the habitual violent felony sentence, and remanded for further action. Judges Polen, Stevenson, and Taylor concur.