HALL v. STATE (2003)

Lee Anthony Hall appeals his convictions and sentences for attempted second-degree murder, robbery, and armed burglary.   We find merit only in his argument that his sentences are erroneous.

The trial court sentenced Hall as a prison releasee reoffender, section 775.082(9)(c), Florida Statutes (1999) (Prison Releasee Reoffender Punishment Act [PRRPA] ), to life in prison with a minimum mandatory term of thirty years for the attempted second-degree murder, to be served concurrently with life sentences for the robbery and the armed burglary.   The court also imposed a minimum mandatory term of twenty-five years' imprisonment on each count pursuant to section 775.087(2), Florida Statutes (1999) (10-20-Life).

The trial court erred in sentencing Hall because the PRRPA only authorizes the trial court to deviate from its sentencing scheme to impose a greater sentence of imprisonment.  Grant v. State, 770 So.2d 655 (Fla.2000).   It is error to sentence a PRRPA defendant to a concurrent term under another sentencing statute that is either less than or equal to the PRRPA term.   See id.;   Smith v. State, 813 So.2d 1002 (Fla. 4th DCA 2002).

Accordingly, we affirm Hall's convictions but reverse his sentences and remand for resentencing.

Affirmed in part;  reversed in part;  and remanded for resentencing.

WHATLEY, Judge.

NORTHCUTT and STRINGER, JJ., Concur.