ANTHONY K. COLLIER, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ANTHONY K. COLLIER, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D13-2384 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 16, 2013. An appeal from the Circuit Court for Leon County. James C. Hankinson, Judge. Anthony K. Collier, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Brittany Ann Rhodaback, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant filed a rule 3.850 postconviction motion asserting that he was improperly sentenced as a prison releasee reoffender (PRR) for robbery by sudden snatching. Robbery by sudden snatching is not one of the enumerated offenses qualifying a defendant for PRR enhancement. See Smith v. State, 891 (So. 2d 1133 (Fla. 4th DCA 2005); Cohen v. State, 920 So. 2d 682 (Fla. 2d DCA 2006). In response to this Court s order issued pursuant to Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986), the state has conceded that the trial court has failed to attach any portion of the record refuting the appellant s claim. We therefore reverse and remand this claim for further proceedings by the trial court. As to all other claims in the motion, we hereby affirm the trial court s order. AFFIRMED IN PART, REVERSED AND REMANDED IN PART. LEWIS, C.J., WOLF and MAKAR, JJ., CONCUR. 2

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