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FOLEY v. STATE

District Court of Appeal of Florida, Third District.
Jan 16, 2002

PER CURIAM.

We affirm the defendant's convictions, but reverse the sentence imposed on Count II. The court erred in sentencing defendant as a Prison Releasee Reoffender ["PRR"] on that count. The offense on that count is not enumerated in the PRR statute, ยง 775.082(9)(a)1., Fla. Stat. (1999), and defendant is not eligible for a sentence thereunder. We therefore remand for imposition of a guideline sentence on that count.

Convictions affirmed; sentence on Count II reversed and cause remanded for resentencing.