CARRUTHERS v. STATE (2022)

District Court of Appeal of Florida, First District.

Jimmy Ray CARRUTHERS, Appellant, v. STATE of Florida, Appellee.

No. 1D21-3190

Decided: October 06, 2022

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant. Ashley Moody, Attorney General, and Darcy O. Townsend, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. See § 775.082(9)(a)2., Fla. Stat. (2021) (providing that prison releasee reoffender status can apply to defendants who commit qualifying crimes while incarcerated; there is no “release” prerequisite); Drayton v. State, 321 So. 3d 921, 922 (Fla. 1st DCA 2021) (“We thus conclude the plain language of the statute allows PRR sentencing for defendants ․ who fall under the definition in (a)2 [committed new crime while in prison].”).

Per Curiam.

Kelsey, Jay, and M.K. Thomas, JJ., concur.

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