Florida District Courts of Appeal, 2016

Darryle B. Long v. State

Darryle B. Long v. State
Florida District Courts of Appeal · Decided July 22, 2016 · Lawson, Palmer, Evander
197 So. 3d 1213; 2016 Fla. App. LEXIS 11167; 2016 WL 3961197 (Southern Reporter, Third Series)

Darryle B. Long v. State

Opinion

PER CURIAM.

Darryle B. Long appeals the trial court’s order summarily denying his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Long claimed his trial counsel was ineffective for not arguing that he did not qualify for prison releasee reoffender sentencing (PRR). However, Long pled guilty to burglary of a dwelling with an assault or battery, and burglary of a dwelling is an enumerated offense under the PRR statute. See § 775.082(9), Fla. Stat. (2012). Although the title of the charge in the information is “burglary with an assault or battery,” the body of the information reflects that Long was charged with committing a burglary of a dwelling with an assault or battery. Additionally, the factual basis provided at the plea hearing indicated that Long “did knowingly enter or remain in a dwelling.” Therefore, Long qualified for PRR sentencing. Accordingly, the trial court properly held that trial counsel was not ineffective for failing to challenge Long’s PRR designation.

AFFIRMED.

LAWSON, C.J., PALMER and EVANDER, JJ., concur.

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