JOHNNIE B. JOHNSON, SR., v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOHNNIE B. JOHNSON, SR., Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-5046 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed March 13, 2013. An appeal from the Circuit Court for Duval County. Mallory D. Cooper, Judge. Johnnie B. Johnson, Sr., pro se, Appellant. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant filed a postconviction motion claiming that the trial court sentenced him for aggravated battery with a deadly weapon to 15 years imprisonment as a prison releasee reoffender ( PRR ) and as a habitual felony offender ( HFO ). He argues that the court cannot legally sentence him as both a PRR and an HFO unless the HFO sentence is longer than the PRR sentence. The trial court denied the motion after finding the sentence to be legally correct. The court did not attach any documents conclusively refuting the claim. The appellant is correct that the trial court may only sentence him as a PRR as long as the HFO sentence is longer. See Dolansky v. State, 964 So. 2d 188 (Fla. 1st DCA 2007). We therefore reverse and remand for the trial court to attach documents that conclusively refute the claim, or, in the alternative, for the trial court to strike the HFO enhancement. See id. REVERSED AND REMANDED with instructions. PADOVANO, ROBERTS, and CLARK, JJ., CONCUR. 2

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