SINCLAIR V. STATE
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Third District Court of Appeal State of Florida, January Term, A.D. 2008 Opinion filed February 6, 2008. ________________ No. 3D07-390 Lower Tribunal No. 04-296 ________________ Craig Stephen Sinclair, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Monroe County, Luis M. Garcia, Judge. Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant. Bill McCollum, Attorney General, and Jerome Smiley, Jr., Assistant Attorney General, for appellee. Before WELLS, ROTHENBERG, and SALTER, JJ. PER CURIAM. Craig Sinclair appeals his conviction by a jury for false imprisonment and the enhancement of his sentence based on his status as a prison releasee reoffender (PRR). We find that the evidence was sufficient to support the charge and conviction of false imprisonment, and we therefore affirm on that issue. With respect to the PRR enhancement, the State has commendably conceded error. False imprisonment is not an enumerated felony under subparagraph 775.082(9)(a)1, Florida Statutes (2004). We therefore reverse the sentence imposed on that basis and remand the case to the trial court for re-sentencing and any other appropriate action. * Affirmed in part; reversed and remanded in part. * At oral argument, that Sinclair will be upon re-sentencing. issuing this opinion concern. it was represented to the court by Sinclair s appellate counsel eligible for release when the PRR enhancement is eliminated We neither endorse nor reject that representation, but we are immediately in light of the State s concession and counsel s 2
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