Florida District Courts of Appeal, 2002

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided April 26, 2002 · Blue, Edward, Fulmer, Threadgill
816 So. 2d 717; 2002 Fla. App. LEXIS 5474; 2002 WL 727170 (Southern Reporter, Second Series)

Jones v. State

Opinion of the Court

On Remand from Supreme Court of Florida

BLUE, Chief Judge.

Cleveland Jones appealed his burglary conviction and prison releasee reoffender sentence, which this court affirmed. Jones v. State, 779 So.2d 516 (Fla. 2d DCA 2000). By unpublished order, the Florida Supreme Court vacated the decision and remanded for reconsideration in light of State v. Huggins, 802 So.2d 276 (Fla. 2001) (holding that prison releasee reoffender sentence does not apply to burglary of unoccupied dwelling). Accordingly, we reverse the prison releasee reoffender sentence imposed in this case and remand for resentencing.

Conviction affirmed; sentence reversed and remanded.

FULMER,1 J., and THREADGILL, EDWARD F., Senior Judge, Concur.

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