Legal Question in Criminal Law in Florida

Re: Prison Releasee Reoffender Act

Everything about that scenario is wrong. Identity theft wouldn't be prr and 3 years could never be a prr sentence for any crime. you need to consult an attorney in your area.

Re: Prison Releasee Reoffender Act

� 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.

(9)(a)1. "Prison releasee reoffender" means any defendant who commits, or attempts to commit:

a. Treason;

b. Murder;

c. Manslaughter;

d. Sexual battery;

e. Carjacking;

f. Home-invasion robbery;

g. Robbery;

h. Arson;

i. Kidnapping;

j. Aggravated assault with a deadly weapon;

k. Aggravated battery;

l. Aggravated stalking;

m. Aircraft piracy;

n. Unlawful throwing, placing, or discharging of a destructive device or bomb;

o. Any felony that involves the use or threat of physical force or violence against an individual;

p. Armed burglary;

q. Burglary of a dwelling or burglary of an occupied structure; or

r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, or s. 827.071;

within 3 years after being released from a state correctional facility operated by the Department of Corrections or a private vendor or within 3 years after being released from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.

2. "Prison releasee reoffender" also means any defendant who commits or attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while the defendant was serving a prison sentence or on escape status from a state correctional facility operated by the Department of Corrections or a private vendor or while the defendant was on escape status from a correctional institution of another state, the District of Columbia, the United States, any possession or territory of the United States, or any foreign jurisdiction, following incarceration for an offense for which the sentence is punishable by more than 1 year in this state.

� 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

813.225.0202 Facsimile and Data

www.centrallaw.com

[email protected]

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Re: Prison Releasee Reoffender Act

You are correct, the Prison Releasee Reoffender Act only applies if you commit a violent enumerated felony within 3 years of being released. Your Husband is not subject to enhanced sentencing under the PRR Act for the crime which you described.

Finally, I do not make a habit of second guessing an attorney, but if your Husband's PD really thought the PRR might be applicable, you should consider retaining private counsel. This is a rather elementary issue that your Husband's attorney should have understood.