Weire v. State

ON MOTION FOR REHEARING

We withdraw our previously issued opinion and substitute the following in its place.

We affirm appellant’s convictions for robbery with a deadly weapon and armed kidnaping but reverse his sentence of life imprisonment as a prison releasee reoffen-der (PRR) with a fifteen year mandatory minimum as a habitual violent felony offender.

Once the state proves by a preponderance of the evidence that a defendant qualifies as a PRR, he or she must be sentenced in accordance with the PRR Act. See Grant v. State, 770 So.2d 655 (Fla.2000). Consistent with the Legislature’s intent to…