Florida District Courts of Appeal, 2001

Hakkenberg v. State

Hakkenberg v. State
Florida District Courts of Appeal · Decided May 9, 2001 · Casanueva, Salcines, Stringer
793 So. 2d 38; 2001 Fla. App. LEXIS 6143; 2001 WL 484018 (Southern Reporter, Second Series)

Hakkenberg v. State

Opinion of the Court

SALCINES, Judge.

James Hakkenberg appeals from his prison releasee reoffender sentences in two separate cases, each involving the offense of burglary of an unoccupied dwelling.1 Because Hakkenberg was improperly sentenced as a prison releasee reoffender for burglary of an unoccupied dwelling, we reverse and remand for re-sentencing. See State v. Huggins, 26 Fla. L. Weekly S174, — So.2d -, 2001 WL 278107 (Fla. Mar. 22, 2001).

Finally, the notice of appeal filed with this court included a third case which involved the sentences Hakkenberg received upon the entry of his plea of nolo conten-dere for a violation of probation for the offenses of attempted burglary and possession of burglary tools.2 Hakkenberg did not present any argument on appeal concerning that third case. However, we note *39that prison releasee reoffender sentences were not imposed in that matter. Thus, those sentences are unaffected by this' court’s determination that the prison re-leasee reoffender sentences must be reversed as to Hakkenberg’s convictions for burglary of an unoccupied dwelling.

Reversed and remanded for resentenc-ing.

CASANUEVA, A.C.J., and STRINGER, J., concur.

. Trial court case numbers 98-13627CF-A and 98-13721CF-A.

. Trial court case number 94-2039-F.

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