LOWE v. STATE, 753 So.2d 783 (Fla.App. 1 Dist. 2000)

No. 1D99-0302.District Court of Appeal of Florida, First District.
Opinion filed March 27, 2000.

An appeal from the Circuit Court for Leon County, J. Lewis Hall, Jr., Judge.

Nancy A. Daniels, Public Defender; Judith Dougherty Hall, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Karen M. Holland and Trisha E. Meggs, Assistant Attorneys General, Tallahassee, for Appellee.

JOANOS, J.

Appellant, David Lowe, appeals his conviction and the sentence imposed pursuant to section, 775.082, Florida Statutes (1997), the “Prison Releasee Reoffender Act.” Appellant challenges both the constitutionality of the act, and the application of the act to his conviction for battery. We do not address the constitutional challenges suggested by appellant, because they previously have been discussed and rejected by this court and other district courts of appeal. See, generally,Chambers v. State, 752 So.2d 64 (Fla. 1st DCA 2000)[25 Fla. L. Weekly D387], and cases cited therein. However, we reverse the application of prison releasee reoffender sentencing in this case, and remand for resentencing under the guidelines. See State ofFlorida v. Warren, No. 1D99-1560, 755 So.2d 145, 2000 WL 220432 (Fla. 1st DCA Feb. 28, 2000).

Accordingly, this cause is REVERSED and REMANDED for resentencing pursuant to the Florida Sentencing Guidelines.

MINER and DAVIS, JJ., CONCUR.