Kearse v. State

We affirm appellant’s conviction and sentence as a prison releasee reoffender, finding that the statute is constitutional. See Edwards v. State, 753 So.2d 578 (Fla. 4th DCA 1999); Simmons v. State, 755 So.2d 682 (Fla. 4th DCA 1999), rev. granted, no. SC96465, 751 So.2d 1253 (Fla. Jan. 18, 2000); Jennings v. State, 744 So.2d 1126, 1128 (Fla. 4th DCA 1999); Rollinson v. State, 743 So.2d 585, 587-90 (Fla. 4th DCA 1999).

We reverse and vacate the misdemeanor judgment and conviction under count II of the information. As part of the plea agreement, the state agreed to nolle prosse the charge and…