Florida District Courts of Appeal, 2001

Grant v. State

Grant v. State
Florida District Courts of Appeal · Decided May 21, 2001 · Browning, Kahn, Lewis
807 So. 2d 658; 2001 Fla. App. LEXIS 7028; 2001 WL 530471 (Southern Reporter, Second Series)

Grant v. State

Opinion of the Court

BROWNING, J.

Appellant was convicted of burglary of a dwelling that was unoccupied, and sentenced as a Prison Releasee Reoffender. The Florida Supreme Court has recently held the Prison Releasee Reoffender Act is not applicable to convictions of burglary of an unoccupied dwelling. See State v. Huggins, 802 So.2d 276 (Fla. 2001). Accordingly, we reverse Appellant’s sentence as a Prison Releasee Reoffender, and remand for resentencing in accordance with Huggins.

REVERSED and REMANDED.

KAHN and LEWIS, JJ., CONCUR.

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