Acosta v. State

ON MOTION FOR REHEARING

We grant the state’s motion for rehearing. In so holding, we withdraw our original opinion and affirm Acosta’s sentence as a prison releasee reoffender. After the supreme court granted review based upon our reliance on Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), disapproved in part, 993 So.2d 952 (Fla.2008), it quashed our decision in Acosta v. State, 7 So.3d 525 (Fla.2009), and remanded for reconsideration upon application of Yisrael.

In Yisrael, the court disapproved of this Court’s holding in Yisrael v. State, 938 So.2d 546 (Fla. 4th DCA 2006), which was the…