Opinion
No. 1D06-1918.
May 25, 2007.
An appeal from the Circuit Court for Alachua County. Mary Day Coker, Acting Circuit Judge.
Nancy A. Daniels, Public Defender, and G. Kay Witt, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.
ON MOTION FOR REHEARING
We grant appellant's request for rehearing, withdraw our previous opinion, and substitute the following.
Appellant raises two issues on appeal; we find one has merit. We determine, as conceded by the State, that in light of the Florida Supreme Court's decision in State v. Hearns, 32 Fla. L. Weekly S177, ___ So.2d ___, 2007 WL 1215452 (Fla. Apr. 26, 2007), the trial court erred in ruling that appellant's reclassified battery on a detainee conviction qualifies for violent career criminal sentencing. We, therefore, reverse and remand for resentencing.
ALLEN, WOLF, and POLSTON, JJ., concur.