Third District Court of Appeal
State of Florida
Opinion filed September 14, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0812
Lower Tribunal No. F02-21849
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Isaiah D. Kelly,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
Isaiah D. Kelly, in proper person.
Ashley Moody, Attorney General, and Richard L. Polin, Assistant
Attorney General, for appellee.
Before LOGUE, HENDON and BOKOR, JJ.
PER CURIAM.
Affirmed. Phillips v. State,
834 So. 2d 272, 274 (Fla. 5th DCA 2002)
(“We conclude the state attorney can choose to request the removal of a
PRR designation on a defendant, when the defendant, in a 3.800(b) motion
to correct his sentence, points out that he cannot receive both the
enhancement of PRR punishment and consecutive sentences.”).
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