Donaldson v. State

Tavaris Donaldson appeals the trial court’s decision to sentence him under section 775.082(9)(a), Florida Statutes, known as the Prisoner Releasee Reoffender (PRR) Act. The trial court determined Donaldson’s underlying conviction for retaliating against a witness was a “felony that involves the use or threat of physical force or violence against an individual,” which qualified him for sentencing as a PRR. § 775.082(9)(a)1. o, Fla. Stat. (2005). We reverse.

In State v. Hearns, 961 So.2d 211, 216-19 (Fla.2007), the Florida Supreme Court provided instruction regarding the application of section…