Humphrey v. State
Humphrey v. State
Opinion of the Court
Eddie Humphrey appeals the denial of his Rule 3.800(a) motion to correct an illegal *719sentence. Humphrey challenges two sentences: (1) a sentence of forty years in prison with a thirty-year mandatory minimum as a violent career criminal ("VCC") for strong arm robbery, and (2) a sentence of mandatory life as a prison releasee reoffender ("PRR") for burglary of a structure with a battery. We affirm as to the VCC sentence, but reverse as to the PRR sentence and remand for resentencing on the burglary conviction.
Humphrey's VCC sentence is not illegal for the purpose of rule 3.800(a) because he does not dispute that his prior convictions qualified him as a VCC under section 775.084(1)(d), Florida Statutes (2005). See Judge v. State ,
Humphrey's sentence of mandatory life as a PRR, however, is illegal because the offense of burglary of a structure with a battery does not qualify for PRR sentencing. An offense qualifies for PRR sentencing only if it is enumerated in the statute or "involves the use or threat of physical force or violence against an individual." § 775.082(9)(a)1., Fla. Stat. (2005). The only enumerated burglary offenses are armed burglary, burglary of a dwelling, and burglary of an occupied structure.
Accordingly, we reverse the denial of Humphrey's motion as to the PRR sentence and remand for de novo resentencing on the conviction for burglary of a structure with a battery. We affirm as to the VCC sentence.
Affirmed in part, reversed in part, and remanded for resentencing.
Damoorgian, Ciklin and Levine, JJ., concur.
The State argued below that Humphrey was convicted of burglary of an occupied structure, but the record does not support that contention. Humphrey was charged with and convicted of burglary with a battery under section 810.02(2)(a), Florida Statutes. The jury did not make a finding that the structure was occupied at the time of the offense.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.