Full Opinion

Third District Court of Appeal State of Florida Opinion filed April 6, 2022. ________________ No. 3D21-1897 Lower Tribunal No. F00-10701 ________________ Domonique Smith, 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, Thomas J. Rebull, Judge. Domonique Smith, in proper person. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee. Before EMAS, LINDSEY and GORDO, JJ. ON MOTION FOR REHEARING PER CURIAM. Upon consideration of Appellant’s Motion for Rehearing, we grant rehearing and withdraw the opinion of November 10, 2021, and substitute the following opinion in its place. Domonique Smith appeals the trial court’s denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Because Smith was charged with and convicted of burglary of a conveyance with an assault or battery on Count two, and such a conviction does not qualify for prison releasee reoffender sentencing under the catchall provision of section 775.082(9)(a)1.o, Florida Statutes (2000), we reverse the trial court’s order denying Smith’s Rule 3.800(a) motion. See Santiago v. State, 76 So. 3d 1027, 1031 (Fla. 3d DCA 2011) (finding that an offense of burglary of a conveyance with an assault or battery does not “qualify as a predicate offense under the catchall provision of section 775.082(9)(a)1.o, Florida Statutes”); Suffield v. State, 132 So. 3d 333, 334 (Fla. 4th DCA 2014) (holding that when a defendant is convicted of burglary with an assault or battery and improperly sentenced as a Prison Releasee Reoffender, they are entitled to resentencing); Ellis v. State, 135 So. 3d 478, 480 (Fla. 2d DCA 2 2014). Accordingly, we reverse and remand for resentencing as to Count two only. 1 Reversed and Remanded. 1 The defendant shall be present and represented by counsel at the resentencing on Count two as required by Florida Rule of Criminal Procedure 3.180. 3