STATE OF FLORIDA, APPELLANT,
v.
DONNY WOLLARD, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The State appeals the trial court's failure to impose a mandatory 15-year sentence as a prison releasee reoffender (PRR). The court reversed and remanded because the State failed to properly introduce evidence of the defendant's release date at sentencing, which is required to establish PRR status.
The court reversed and remanded because the State failed to properly admit evidence of the defendant's release date into the record. The court held that to sentence a defendant as a PRR, the State must provide authenticated evidence of the release date, either through a signed release-date letter under seal with an attached DOC Crime and Time Report or through certification of the DOC Crime and Time Report satisfying the business records exception to hearsay.
[1] A defendant must be sentenced as a prison releasee reoffender (PRR) to the mandatory sentence of fifteen years if the State establishes by proper proof that the defendant…
[2] To sentence a defendant as a PRR, the State must provide evidence of the defendant's release date.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To sentence the defendant as a PRR, the State must provide evidence of the defendant's release date. Under Yisrael v. State, 993 So.2d 952 (Fla.2008), the State may use 'a signed release-date letter, written under seal, as a means of authenticating an attached DOC Crime and Time Report' to admit the evidence as a public record.”
Establishes the proper methods for authenticating evidence to establish PRR status
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDonny Wollard was convicted by jury of burglary of a dwelling, a second-degree felony. He had been released from prison only a few months before commi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Business Records Exception To Hearsay Rule cases and more on FLexlaw
The State appeals the sentence imposed by the trial court. It argues the trial court erred in failing to sentence the defendant as a prison releasee reoffender (“PRR”) to the mandatory sentence of fifteen years. The defendant responds that IF he qualifies as a PRR, then the sentence is in error. However, on cross-appeal the defendant argues that the State failed to establish by proper proof that the defendant is a PRR. We reverse and remand.
A jury convicted the defendant of burglary of a dwelling, a second degree felony capable of punishment up to fifteen years. According to the discussion at sentencing, the defendant had been released from prison only a few months before the commission of this crime. The defendant moved for a temporary furlough and a departure from the mandatory minimum sentence, claiming: (1) his involvement was small; (2) he understands the nature of his conduct, but he was substantially impaired at the time of the crime; (3) there is no restitution requested; (4) he acted under pressure from a co-defendant; (5) he cooperated with police; and (6) he is in his early twenties.
The State advised the court that the defendant was a PRR and requested a fifteen-year sentence. Defense counsel requested a departure sentence of five years PRR. Defense counsel then claimed lack of notice of the State’s intention to ask for a PRR sentence.
The court recessed and upon reconvening was advised that notice in the court file was sufficient to place the defendant on notice. Defense counsel then claimed that the documentation to establish the defendant as a PRR was insufficient because the DOC documents were not under seal. The Court noted defendant’s release date of July 16, 2008; the defendant committed the current burglary on August 21, 2008. The Court then sentenced the defendant to ten years as a PRR. The State objected and now appeals.
We have de novo review. Kittles v. State, 31 So.3d 283, 284 (Fla. 4th DCA 2010).
To sentence the defendant as a PRR, the State must provide evidence of the defendant’s release date. Under Yisrael v. State, 993 So.2d 952 (Fla.2008), the State may use “a signed release-date letter, written under seal, as a means of authenticating an attached DOC Crime and Time Report” to admit the evidence as a public record. Yisrael, 993 So.2d at 960. Alternatively, the State may authenticate a “DOC Crime and Time Report” by attaching a certification to the report, thereby satisfying the business records exception to hearsay. Id.
As the defendant concedes, the trial court must sentence him to fifteen years if he is a PRR. Walker v. State, 955 So.2d 1199, 1200 (Fla. 5th DCA 2007). Unfortunately, the State never “admitted” any records into evidence.1 Because the evidence was not introduced, the case must be reversed and remanded. Upon remand, the State will have another opportunity to introduce evidence to demonstrate the de-*1192fendant may be sentenced as a PRR. Newby v. State, 17 So.3d 917, 918 (Fla. 4th DCA 2009).
Reversed and Remanded.
GROSS and DAMOORGIAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
- Kittles v. State, 31 So. 3d 283 (Fla. 4th DCA 2010)
- Walker v. State, 955 So. 2d 1199 (Fla. 5th DCA 2007)
- Newby v. State, 17 So. 3d 917 (Fla. 4th DCA 2009)