State of Florida, Appellant/Cross-Appellee, v. Michael Adam Davis, Appellee/Cross-Appellant. (2026)

Michael Adam Davis—a twenty-five-time convicted felon—was found guilty by a jury of his peers of aggravated battery, a second degree felony. Immediately upon returning this verdict, the jury received evidence and argument addressing the bifurcated question of whether Davis was a prison releasee reoffender under section 775.082(9), Florida Statutes (2022). The jury determined he was. Later, concluding the evidence presented to the jury was insufficient to support their verdict finding Davis a prison releasee reoffender, the trial judge announced he was “setting aside the jury's decision of PRR.”¹

The State appeals the trial court's decision.² We conclude the trial court erred in its determination that the evidence was insufficient to find Davis a prison releasee reoffender.

The PRR statute mandates that a defendant who commits a qualifying offense (here, aggravated battery) “within 3 years after being released from a state correctional facility operated by the Department of Corrections [or other identified facility or institution] ․ must be sentenced ․ for a felony of the second degree, by a [maximum] term of imprisonment of 15 years.” § 775.082(9)(a)1.–3., Fla. Stat. A prison releasee reoffender is not eligible for parole or any other form of early release and “must serve 100 percent of the court-imposed sentence.” § 775.082(9)(b), Fla. Stat.

Here, amongst other evidence proving the question, Davis himself testified that prior to the January 2023 offense charged, he was last released from a state correctional facility in June 2022, just seven months prior. This, of course, is well within the statutory three-year timeframe. As a result, the evidence presented to the jury was sufficient to sustain its finding that Davis was a prison releasee reoffender.

Accordingly, we reverse the trial court's order setting aside the jury's verdict finding Davis a prison releasee reoffender, and remand this case to the trial court with instructions to reinstate the jury verdict and designate Davis a prison releasee reoffender. Further, the trial court shall conduct a resentencing hearing, at which Davis is entitled to counsel. As mandated by section 775.082(9)(a)3.c., Florida Statutes, Davis shall be sentenced to the fifteen-year maximum sentence.

Reversed and Remanded with Instructions. Cross Appeal Affirmed.

FOOTNOTES

1.   Ultimately, following a sentencing hearing, Davis was sentenced on the aggravated battery count to nine years in prison followed by five years of probation.

2.   Davis filed a cross-appeal, which is without merit. We affirm on all issues raised without further comment.

Per Curiam.

Lambert and Soud, JJ., concur. Kilbane, J., concurs in result only.