5D10-4194 Billy Kalogeras v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-4194

Case Date: 02/07/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

BILLY TOM KALOGERAS, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 11, 2011 3.800 Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge. Billy T. Kalogeras, Crawfordville, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D10-4194

PER CURIAM. Billy Tom Kalogeras appeals the denial of his Florida Rule of Criminal Procedure 3.800(a) motion alleging that the trial court improperly sentenced him on his conviction for false imprisonment as a Prison Releasee Reoffender (PRR) under section 775.082(9)(a)1., Florida Statutes (2006). Because the offense of false imprisonment is not subject to PRR sentencing, we reverse and remand for the trial court to strike the PRR designation.

Originally charged with sexual battery by threats of or use of force or violence, kidnapping and carjacking without a firearm, Appellant was found guilty of the lesser crimes of battery, false imprisonment, and theft. The trial court sentenced Appellant on the false imprisonment conviction to five years' incarceration as a PRR, pursuant to section 775.082(9)(a)1. The PRR designation applies to defendants who have served a prison sentence, and within three years of their release date, commit a qualifying offense. Defendants so designated face mandatory minimum sentences. The PRR statute applies to a

defendant who commits or attempts to commit any of the enumerated felonies in the statute, or any felony involving "the use or threat of physical force or violence against an individual."

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