Florida District Courts of Appeal, 2009

Hernandez v. State

Florida District Courts of Appeal · Decided October 21, 2009 · Cope, Gersten, Suarez

21 So. 3d 106; 2009 Fla. App. LEXIS 15807; 2009 WL 3365615 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Johnny Wade v. State of Florida (Fla. Dist. Ct. App. 2025)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

COPE, J.

This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm.

According to the motion, defendant-appellant Hernandez entered a plea to the offense of burglary of an unoccupied dwelling, and was sentenced to fifteen years as a Prison Releasee Reoffender (“PRR”). The crime date was October 8, 2004. The defendant contends that burglary of an unoccupied dwelling is not a qualifying offense for purposes of the PRR statute.

The trial court was entirely correct in denying the claim. The PRR statute was *107 amended in 2001 so that burglary of a dwelling, whether occupied or unoccupied, is a qualifying offense. Ch. 2001-239, § 1, Laws of Fla.; Tumblin v. State, 965 So.2d 354, 355 (Fla. 4th DCA 2007); Bradshaw v. State, 891 So.2d 1184, 1184 n. 1 (Fla. 2d DCA 2005). The statutory version applicable to this defendant is section 775.082(9)(a)1.2., Florida. Statutes (2004).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.