State v. Wilson

The state appeals the defendant’s sentence, arguing that the trial court erred in ruling that it could not impose a prison releasee reoffender (“PRR”) sentence in the absence of findings by the jury that the defendant qualified for such enhanced sentencing. We agree and reverse and remand for resentencing.

A jury found the defendant guilty of robbery with a firearm and grand theft. The state sought to have the defendant sentenced as a PRR pursuant to section 775.082(9), Florida Statutes (2011), and introduced evidence that he committed the robbery within three years of his release from prison.…