Prison Releasee Re-Offenders
We Defend Clients in St. Petersburg & Nearby Areas
When a person is charged with a felony offense in the State of Florida,
his or her sentence is determined, in large part, by the Criminal Punishment
Code (also referred to as the Sentencing Guidelines). The low end of the
guideline range is determined by adding the points assigned to each pending
offense, and any prior convictions, before performing a minor mathematical
calculation. If the resulting number is 44 or less, then the court is
not required to impose a state prison sentence. In most instances, if
the resulting number is higher than 44, then the court must sentence the
person to a prison term that is not less than the minimum number of months
dictated by the person's guideline score (unless there is a lawful
basis to do so; this is typically referred to as a "guideline departure").
The top end of the guideline range is the maximum penalty authorized by
law for that particular offense.
When a person is designated a prison releasee re offender, however, the
sentencing guidelines no longer apply. If that person enters a plea of
guilty or no contest, or is found guilty by a judge or jury, the court
has no discretion but to sentence that person to the statutory maximum.
A prison release re-offender means any defendant who commits, or attempts
to commit one of the offenses enumerated in Florida statute § 775.082(9)
(see below) within three years of release from a state or federal prison.
A prison release re-offender must be sentenced as follows: (1) For a felony
punishable for life, by a term of imprisonment for life; (2) For a felony
of the first degree, by a term of imprisonment of 30 years; (3) For a
felony of the second degree, by a term of imprisonment of 15 years; (4)
For a felony of the third degree, by a term of imprisonment of 5 years.
The person sentenced as a PRR is not entitled to any form of good and
gain time or early release; he or she must serve 100 percent of his or
her sentence.
Whether to file a Notice of Enhanced Penalty (a condition precedent to
invoking the provisions of the PRR statute where the person otherwise
qualifies), is within the sole discretion of the State Attorney's
Office. The judge plays no role in this; it is beyond the purview of the
court. Alternatively, the State Attorney's Office may elect to file
a charge that is not enumerated in the statute if the State determines
that there are compelling reasons to do so. If an enumerated offense is
charged, and the enhanced penalty is sought, the State is required to
prove that the statute applies to the accused person only by a preponderance
of the evidence. This is a much lesser burden than beyond a reasonable
doubt and is usually accomplished by tendering a copy of the judgment
sheet and fingerprint card from the prior conviction (for the offense
that resulted in the prison sentence) and certified records from the prison
facility showing the date of release. Florida has some of the most severe
recidivist sentencing statutes in the country and the PRR statue is arguably
the most draconian of them all.
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Applicable Florida Statute
Florida statute section 775.082(9) provides as follows:
(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 the individual; p. Armed burglary; q. burglary of a dwelling or
burglary of an occupied structure; r. Any felony violation of s.
790.07, s.
800.04, s.
827.03, s.
827.071, s.
847.0135(5); 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 correction 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 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 or which the sentence is punishable by more than 1 year
in this state. 3. If the state attorney determines that the defendant
is a prison releasee reoffender as defined in subpargraph 1., the state
attorney may seek to have the court sentence the defendant as a prison
releasee reoffender. Upon proof by the state attorney that establishes
by a preponderance of the evidence that a defendant is a prison releasee
reoffender as defined in this section, such defendant is not eligible
for sentencing under the sentencing guidelines and must be sentenced as
follows: a. For a felony punishable by life, by a term of imprisonment
for life; b. For a felony of the first degree, by a term of imprisonment
of 30 years; c. For a felony of the second degree, by a term of imprisonment
of fifteen years; for a felony of the third degree, for a term of imprisonment,
for a term of imprisonment of five years.
(b) A person sentenced under paragraph (a) shall be released only by expiration
of sentence and shall not be eligible for parole, control release, or
any form of early release. Any person sentenced under paragraph (a) must
serve 100 percent of the court-imposed sentence.
(c) Nothing in this subsection shall prevent a court from imposing a greater
sentence of incarceration as authorized by law, pursuant to
775.084 or any other provision of law.
(d). It is the intent of the Legislature that offenders previously released
from prison who meet the criteria set forth in paragraph (a) be punished
to the fullest extent of the law and as provided in this subsection, unless
the state attorney determines that extenuating circumstances exists which
preclude the just prosecution of the offender, including whether the victim
recommends that the offender not be sentenced as provided in this subsection.
2. For every case in which the offender meets the criteria in paragraph
(a) and does not receive the mandatory minimum prison sentence, the state
attorney must explain the sentence deviation in writing and place such
explanation in the case fie maintained by the state attorney.
When a person is designated a prison releasee re-offender, the sentencing
guidelines do not apply. Upon conviction, the court
must sentence the accused person to the maximum penalty authorized by law,
and he or she is not eligible for any form of discretionary release. Under
these circumstances, immediate intervention by an experienced criminal
defense attorney is essential.
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State of Florida v. Demetrius Walker, 965 So.2d 1281 (Fla. 2nd DCA 2007). In
Walker, the appellant pled no contest to battery on a law enforcement officer,
battery on a firefighter, resisting an officer with violence, and attempted
robbery. He was designated a prison releasee reoffender as to each count,
and was sentenced to five years in the Florida Department of Corrections,
concurrently. In a motion for post-conviction relief, the appellant argued
that he was not subject to the PRR enhancement because his offenses were
not enumerated or forcible felonies under the PRR statute. The post conviction
motion was denied. The second district court of appeal affirmed the post
conviction court's denial of the appellant's motion as to the
attempted robbery and resisting arrest with violence counts, but reversed
the post conviction court's denial of the appellant's motion with
respect to his sentence for battery on a law enforcement officer and battery
on a firefighter. Citing to a Florida Supreme Court case, the second district
reasoned that battery on a law enforcement officer (or firefighter) could
be committed by a mere touching that would not necessarily involve the
"use or threat of physical force or violence". In determining
whether a crime constitutes a forcible felony, courts must consider only
the statutory elements of the offense, regardless of the particular circumstances involved.
The following is a list of outside sources, prior blog posts, and other
website sections on topics related to prison releasee reoffenders:
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HG. Org:
St. Petersburg Prison Releasee Reoffender Defense Attorney
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HG. Org:
St. Petersburg Arson Defense Attorney
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HG. Org:
St. Petersburg Assault & Aggravated Assault Defense Attorney
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HG. Org:
St. Petersburg Battery & Aggravated Battery Defense Attorney
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HG. Org:
St. Petersburg Burglary Defense Attorney
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Do I Need a St. Petersburg Criminal Defense Attorney?
- Inchoate (Incomplete) Crimes: Attempt, Solicitation, and Conspiracy
- Arson
- Aggravated Assault
- Aggravated Battery
- Burglary
- Carjacking
- Drug Trafficking
- Homicide
- Kidnapping
- Robbery
- Sexual Offenses
If you have been arrested for a felony offense involving the use or threat
of violence, and you have been released from prison within the past three
years, there is a very good possibility you will qualify for the PRR enhancement.
Without a doubt, your best chance to avoid the enhancement is intervention
by an experienced criminal defense attorney before the charge is filed.
While the statute allows the State Attorney to "come off" a
PRR sentence, I can tell you, as a former Pinellas county state prosecutor,
that it rarely happens. If you think you may qualify as a PRR,
contact our St. Petersburg office
immediately. Time
is of the essence under these circumstances.