Sentencing Under the Prison Releasee Reoffender Punishment Act
In State v. Wilson, 793 So. 2d 1003 (Fla. 2d DCA 2001), the defendant was eligible for sentencing under the Prison Releasee Reoffender Punishment Act (PRRPA), but his minimum sentence under the sentencing guidelines at that time was greater than the sentence provided in the PRRPA. See 793 So. 2d at 1004.
Noting the somewhat conflicting provisions of the PRRPA, the Second District concluded that "the clear and unambiguous meaning of the [PRRPA]" could be ascertained through the language of the PRRPA providing, "such defendant is not eligible for sentencing under the guidelines." Id. at 1005.
Following this reasoning, the district court concluded that "a defendant sentenced under section 775.082(8) cannot be sentenced under the sentencing guidelines and must be sentenced according to the provisions of the PRRPA." Id.