Desmoke v. State

CASANUEVA, Judge.

Phillip Desmoke, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), alleges that his appellate counsel was ineffective for failing to raise on direct appeal the claim that his sentence as a prison releasee reoffender (PRR) was imposed in violation of the ex post facto clauses of the Florida and United States Constitutions. We agree. We therefore grant the petition, reverse Des-moke’s sentence, and remand for resen-tencing.

Desmoke was charged with aggravated stalking pursuant to section 784.048(4), Florida Statutes (2001). The language of the…