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YATES v. STATE
District Court of Appeal of Florida, Fourth District.
Apr 16, 2008
PER CURIAM.
Yates appeals his prison release reoffender (PRR) sentence after the jury found him guilty of robbery by sudden snatching. On authority of State v. Hearns, 961 So.2d 211, 212 (Fla. 2007), we reverse, concluding that a conviction for robbery by sudden snatching cannot subject Yates to a PRR sentence. See id. (holding that "in determining whether a crime constitutes a forcible felony [and thus subjects a defendant to a PRR sentence], courts must consider only the statutory elements of the offense").
We remand for resentencing.
STONE, WARNER and FARMER, JJ., concur.
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