ALFONSO RAZZ
v.
STATE OF FLORIDA
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The Florida Fourth District Court of Appeal reversed and remanded for resentencing because the defendant was not a prison releasee reoffender under the correct legal standard established in State v. Lewars.
A defendant released from county jail within three years before committing qualifying offenses is not a prison releasee reoffender and is not subject to mandatory minimum sentencing under the prison releasee reoffender statute.
[1] A defendant released from county jail, rather than state prison, within three years before committing qualifying offenses does not qualify as a prison releasee reoffender…
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Join FLexlaw to unlock all legal intelligenceAlfonso Razz was convicted of qualifying offenses and sentenced as a prison releasee reoffender, but he had been released from county jail within thre…
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PER CURIAM.
This case is before us on remand from the Florida Supreme Court of Florida for reconsideration following its decision in State v. Lewars, 259 So. 3d 793 (Fla. 2018). In Lewars, the supreme court disapproved of our decision in Taylor v. State, 114 So. 3d 355 (Fla. 4th DCA 2013), which we relied on in our prior opinion in this case. Because appellant was released from county jail in the three-year period preceding the qualifying offenses, he was not a prison releasee reoffender and resentencing is required pursuant to Lewars. See 259 So. 3d at 802.
Reversed and remanded.
GERBER, C.J., MAY and LEVINE, JJ., concur.
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No motions for rehearing will be entertained.