Rivers v. State

MORRIS, Judge.

Henry James Rivers appeals his convictions and sentences for two counts of burglary of an unoccupied dwelling and one count of grand theft, specifically challenging his prison releasee reoffender (PRR) sentence for grand theft. Grand theft is not a qualifying offense under the PRR statute. § 775.082(9)(a)(1), Fla. Stat. (2007). Therefore, Rivers could not have been sentenced as a PRR on that offense. The State agrees that Rivers should be resentenced to a non-PRR sentence on the grand theft count. See Tucker v. State, 864 So.2d 580, 581 (Fla. 2d DCA 2004) (holding that when an…