07-1753 AL PRINCE v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-1753

Case Date: 10/15/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA AL PRINCE, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed October 15, 2008. An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Joshua R. Heller, Assistant Attorney General, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D07-1753

PER CURIAM. Appellant, Al Prince, appeals from his convictions and sentences for sexual battery and simple battery. Appellant raises six issues on appeal, only one of which has merit. Appellant contends, and the State concedes, that the trial court erred in

sentencing him as a habitual violent felony offender ("HVFO") because his prior offense of sale or delivery of cocaine is not a qualifying offense under section 775.084(1)(b)1., Florida Statutes (2003). See Brooks v. State, 837 So. 2d 1125, 1126 (Fla. 4th DCA 2003) (holding that the trial court improperly sentenced the appellant as an HVFO based on an offense not enumerated in section 775.084(1)(b)). However, the trial court properly sentenced Appellant as a prison releasee reoffender. Accordingly, we AFFIRM Appellant's convictions and sentences, VACATE that portion of the judgment designating him as an HVFO, and REMAND with instructions that the trial court enter an amended judgment. ALLEN, DAVIS, and BENTON, JJ., CONCUR.

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