Perkins v. State

We vacate our orders of May 27, 2009 and August 28, 2009, and reconsider on remand our opinion in Perkins v. State, 939 So.2d 1113 (Fla. 4th DCA 2006), which the Florida Supreme Court reviewed in Perkins v. State, 7 So.3d 529 (Fla.2009).

Perkins argued to this court that the trial court erred in sentencing by considering an affidavit from the Department of Corrections (“DOC”) reflecting his prior release date from prison. 939 So.2d at 1113. The State offered the letter at sentencing in order to establish Perkins’ status as a prison releasee reoffender (“PRR”). This court affirmed based on our…