Williams v. State

SHEVIN, Judge.

We reverse defendant’s sentence as a prison releasee reoffender, pursuant to section 775.082(9), Florida Statutes (Supp. 1998). The trial court imposed this sentenced based on defendant’s release from a Michigan prison within three years of the present conviction. However, as defendant was not released from a Florida prison, the court erred in sentencing defendant as a prison releasee reoffender. As the Fifth District correctly concluded in Damien v. State, 743 So.2d 611, 612 (Fla. 5th DCA 1999), because the legislature qualified “the phrase ‘a state correctional facility’ with…