Sheppard v. State

994 So.2d 1255 (2008)

Ruben Henry SHEPPARD, Appellant,

v.

STATE of Florida, Appellee.

No. 1D07-6155.

District Court of Appeal of Florida, First District.

November 26, 2008.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee.

The appellant should not have been sentenced as a prison releasee reoffender upon his conviction for battery on a law enforcement officer, as that offense does not qualify for such sentencing. State v.…