MICHAEL ALTERISIO
v.
STATE OF FLORIDA
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A certified document showing release from a correctional institution is insufficient by itself to establish PRR status when the defendant's specific history suggests the release may have been from temporary detention rather than a prison sentence.
[1] A certified document showing release from a correctional facility is insufficient by itself to establish prison releasee reoffender status when the defendant's specific h…
Previewing 1 of 1 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“In most cases, it is a simple matter to determine when an individual is released from a state correctional facility. However, offenders are sometimes only temporarily detained. Unless those detentions 'ripen' into reimprisonment, they are excluded from consideration for PRR purposes.”
Court citing Cassista v. State regarding the distinction between prison release and temporary detention for PRR eligibility
Michael Alterisio was sentenced as a prison releasee reoffender under Florida Statutes section 775.082(9)(a). The State relied solely on a certified d…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
MICHAEL ALTERISIO,
Appellant,
v. Case No. 5D18-1821
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed September 13, 2019
Appeal from the Circuit Court for Seminole County, Marlene M. Alva, Judge.
James S. Purdy, Public Defender, and Matthew Funderburk, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant, Michael Alterisio, appeals his prison releasee reoffender (“PRR”) sentence, imposed pursuant to section 775.082(9)(a), Florida Statutes (2017), arguing that the State did not offer competent, substantial evidence that he was released from a
2 prison sentence within three years of his commission of the operative crime. We agree and reverse for resentencing. At sentencing, the State relied on a certified document that demonstrates Appellant was “released” from a Connecticut correctional institution within three years of the instant offense. However, given Appellant’s specific history, that single document does not, by itself, establish that Appellant was released from a prison sentence instead of from temporary detention. See Cassista v. State, 57 So. 3d 265, 267 (Fla. 5th DCA 2011) (“In most cases, it is a simple matter to determine when an individual is released from a state correctional facility. However, offenders are sometimes only temporarily detained. Unless those detentions ‘ripen’ into reimprisonment, they are excluded from consideration for PRR purposes.” (citations omitted)); accord Colson v. State, 114 So. 3d 415, 416–17 (Fla. 1st DCA 2013); Brinson v. State, 851 So. 2d 815, 816 (Fla. 2d DCA 2003). As such, we conclude that the State failed to present competent, substantial evidence that Appellant qualifies for a PRR sentence.
We therefore remand for resentencing where the State may offer additional evidence to establish Appellant’s status as a PRR. See Dean v. State, 230 So. 3d 420, 424 (Fla. 2017) (“On remand, the State may present evidence to prove that Dean meets the statutory requirements to be sentenced as a PRR.” (citations omitted)). REVERSED and REMANDED.
ORFINGER, EISNAUGLE and GROSSHANS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Dean v. State, 230 So. 3d 420 (Fla. 2017)
- Brinson v. State, 851 So. 2d 815 (Fla. 2d DCA 2003)
- Cassista v. State, 57 So. 3d 265 (Fla. 5th DCA 2011)
- Burwell v. State, 114 So. 3d 415 (Fla. 1st DCA 2013)