JEFFREY WALLACE, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
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Jeffrey Wallace appealed his conviction and sentence for burglary of an unoccupied dwelling, arguing the trial court erred in limiting voir dire and overruling a hearsay objection. The state cross-appealed the trial court's finding that the Prison Releasee Reoffender Act did not apply. The court affirmed the conviction but reversed and remanded the sentence for re-sentencing.
Burglary of an unoccupied dwelling is an enumerated offense under the Prison Releasee Reoffender Act with no distinction made between occupied and unoccupied dwellings. The defendant is subject to the Act, but the case is remanded to determine whether the defendant falls within any statutory exceptions that would render the Act inapplicable.
[1] The Prison Releasee Reoffender Act applies to burglary of an unoccupied dwelling.
[2] The distinction between occupied and unoccupied dwellings has no legal effect for sentencing purposes under the Prison Releasee Reoffender Act.
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Join FLexlaw to unlock all legal intelligence“[W]hether the dwelling was occupied or not has no legal effect for purposes of sentencing under the Act.”
Establishes that the Act does not distinguish between occupied and unoccupied dwellings for sentencing purposes
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Join FLexlaw to unlock all legal intelligenceJeffrey Wallace was charged with and convicted of burglary of a dwelling. The state sought sentencing under the Prison Releasee Reoffender Act. The tr…
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PER CURIAM.
We grant the state’s motion for rehearing, withdraw our earlier decision filed May 5, 1999, and substitute the following.
The defendant appealed his conviction and sentence, asserting the trial court erred by limiting voir dire and overruling a hearsay objection. The state cross-appealed, alleging that the trial court erred by finding the Prison Releasee Reoffender Act (“Act”) inapplicable. We affirm the defendant’s conviction, but we reverse the sentence and remand for re-sentencing.
The state appeals the trial court’s order finding the Prison Releasee Reoffender Act, section 775.082, Florida Statutes (1997), inapplicable, because the offense committed was burglary of an unoccupied dwelling. On appeal, the state argues that burglary of an unoccupied dwelling is included as an enumerated offense under the Act. We agree.
The defendant was charged and convicted of burglary of a dwelling, and the state sought sentencing under the Act. The trial court denied sentencing under the Act, finding that burglary of an unoccupied dwelling was not an enumerated offense.
In Scott v. State, 721 So. 2d 1245, 1246 (Fla. 4th DCA 1998), we concluded that the Act does not make a distinction between burglaries of occupied and unoccupied dwellings. See id. at 1246. “[Wjhether the dwelling was occupied or not has no legal effect for purposes of sentencing under the Act.” Id. Therefore, the Act includes burglary of an unoccupied dwelling as an enumerated offense. See id.
In the present case, the defendant was convicted of burglary of an unoccupied dwelling. Therefore, the defendant is subject to the Act. However, because the trial court denied sentencing under the Act solely based on its finding that burglary of an unoccupied dwelling was not included in the Act, no determination was made as to whether the defendant fell within one of the exceptions to the Act, which would render the Act inapplicable. Accordingly, we reverse the sentence and remand for further proceedings. AFFIRMED in part; REVERSED AND REMANDED in part.
STONE, C.J., GUNTHER and FARMER, JJ., concur.
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State v. Huggins, 802 So. 2d 276 (Fla. 2001)…he second degree, by a term of imprisonment of 15 years; ... . The Fourth District receded from its own prior opinions in Scott v. State, 721 So. 2d 1245 (Fla. 4th DCA 1998); State v. Litton, 736 So. 2d 91 (Fla. 4th DCA 1999); and Wallace v. State, 738 So. 2d 972 (Fla. 4th DCA 1999). . Included among the list of offenses eligible for sentencing under the PRR is armed burglary, i.e., burglary with a dangerous weapon or explosive. . Section 810.011, Florida Statutes (1997), provides in pertinent part as foll…
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State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999)…ce of fifteen years required under the PRR. We acknowledge that our decision is in conflict with this court’s opinions in Scott v. State, 721 So. 2d 1245 (Fla. 4th DCA 1998), State v. Litton, 736 So. 2d 91 (Fla. 4th DCA 1999), and Wallace v. State, 738 So. 2d 972 (Fla. 4th DCA 1999), and to the extent that they are in conflict, we hereby recede from those decisions. We further note and acknowledge that we are in conflict with the Second District Court of Appeal’s decision in State v. White, 736 So. 2d 1231 (…
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Wallace v. State, 807 So. 2d 819 (Fla. 4th DCA 2002)…ender Act did not apply to a defendant convicted of burglary of an unoccupied dwelling). The trial court initially imposed the twelve-year sentence, but, during a prior appeal, this court ruled that a PRR sentence was required. See Wallace v. State, 738 So. 2d 972 (Fla. 4th DCA 1999)(on motion for rehearing). In State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999)(en banc), we expressly receded from Wallace and held that the PRR did not apply to the crime of burglary of an unoccupied dwelling. This en banc d…
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- McKinley Scott v. State, 721 So. 2d 1245 (Fla. 4th DCA 1998)