State of Florida v. Michael Adam Davis

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case Nos. 5D2025-1781
5D2025-1810
LT Case No. 05-2023-CF-12391-A
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STATE OF FLORIDA,

Appellant/Cross-Appellee,

v.

MICHAEL ADAM DAVIS,

Appellee/Cross-Appellant.
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On appeal from the Circuit Court for Brevard County.
Charles G. Crawford, Judge.

James Uthmeier, Attorney General, Tallahassee, and Deborah A.
Chance, Assistant Attorney General, Daytona Beach, for
Appellant/Cross-Appellee.

Matthew J. Metz, Public Defender, and Joseph R. Chloupek,
Assistant Public Defender, Daytona Beach, for Appellee/Cross-
Appellant.

June 26, 2026

PER CURIAM.

Michael Adam Davis—a twenty-five-time convicted felon—
was found guilty by a jury of his peers of aggravated battery, a
second degree felony. Immediately upon returning this verdict, the
jury received evidence and argument addressing the bifurcated
question of whether Davis was a prison releasee reoffender under
section 775.082(9), Florida Statutes (2022). The jury determined
he was. Later, concluding the evidence presented to the jury was
insufficient to support their verdict finding Davis a prison releasee
reoffender, the trial judge announced he was “setting aside the
jury’s decision of PRR.” 1

The State appeals the trial court’s decision. 2 We conclude the
trial court erred in its determination that the evidence was
insufficient to find Davis a prison releasee reoffender.

The PRR statute mandates that a defendant who commits a
qualifying offense (here, aggravated battery) “within 3 years after
being released from a state correctional facility operated by the
Department of Corrections [or other identified facility or
institution] . . . must be sentenced . . . for a felony of the second
degree, by a [maximum] term of imprisonment of 15 years.” §
775.082(9)(a)1.–3., Fla. Stat. A prison releasee reoffender is not
eligible for parole or any other form of early release and “must
serve 100 percent of the court-imposed sentence.” § 775.082(9)(b),
Fla. Stat.

Here, amongst other evidence proving the question, Davis
himself testified that prior to the January 2023 offense charged,
he was last released from a state correctional facility in June 2022,
just seven months prior. This, of course, is well within the
statutory three-year timeframe. As a result, the evidence
presented to the jury was sufficient to sustain its finding that
Davis was a prison releasee reoffender.

Accordingly, we reverse the trial court’s order setting aside
the jury’s verdict finding Davis a prison releasee reoffender, and
remand this case to the trial court with instructions to reinstate

1 Ultimately, following a sentencing hearing, Davis was
sentenced on the aggravated battery count to nine years in prison
followed by five years of probation.
2 Davis filed a cross-appeal, which is without merit. We affirm

on all issues raised without further comment.

2
the jury verdict and designate Davis a prison releasee reoffender.
Further, the trial court shall conduct a resentencing hearing, at
which Davis is entitled to counsel. As mandated by section
775.082(9)(a)3.c., Florida Statutes, Davis shall be sentenced to the
fifteen-year maximum sentence.

REVERSED and REMANDED WITH INSTRUCTIONS. CROSS APPEAL
AFFIRMED.

LAMBERT and SOUD, JJ., concur.
KILBANE, J., concurs in result only.

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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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