DONALD W. HUNTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that burglary of a dwelling, occupied or not, qualifies a defendant for sentencing as a prison releasee reoffender.
Donald W. Hunter was sentenced as a prison releasee reoffender for burglary of an unoccupied dwelling. His counsel argued this was not a qualifying of…
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PER CURIAM.
Donald W. Hunter appeals a sentence of fifteen years’ imprisonment imposed as a prison releasee reoffender for burglary of a dwelling. The dwelling was unoccupied at the time of the offense. We affirm.
Mr. Hunter raises several constitutional challenges to the Prison Releasee Reoffen-der Act, section 775.082(8), Florida Statutes (1997). However, we have previously upheld the constitutionality of the Act on these grounds. See Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999).
At trial, Mr. Hunter’s counsel argued that burglary of an unoccupied dwelling was not a qualifying offense under the Act. See § 775.082(9)(a)(l)(q) (1997). In Scott v. State, 721 So. 2d 1245 (Fla. 4th DCA 1998), the Fourth District held that burglary of an unoccupied dwelling was a qualifying offense. At the time of sentencing, the trial court was bound by and relied upon Scott, and thus rejected this argument. Since that time, the Fourth District has receded from Scott. See State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999) (en banc). Nevertheless, this court continues to hold that the burglary of a dwelling, whether occupied or not, qualifies the defendant for sentencing as a prison releasee reoffender. See Medina v. State, — So. 2d —, 2000 WL 44113, No. 2D99-1313 (Fla. 2d DCA Jan. 21, 2000).
Affirmed. As in Medina, we certify conflict with Huggins, 744 So. 2d 1215.
ALTENBERND, A.C.J., GREEN and CASANUEVA, JJ., Concur. '
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Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000)…see Reoffender Punishment Act applied where dwelling was unoccupied; certifying conflict with Huggins), review granted, 760 So. 2d 947 (Fla.2000); Ramos v. State, 775 So. 2d 329 (Fla. 2d DCA 2000) (certifying conflict with Huggins); Hunter v. State, 751 So. 2d 181 (Fla. 2d DCA 2000) (certifying conflict with Huggins); State v. Chamberlain, 744 So. 2d 1185 (Fla. 2d DCA 1999); State v. White, 736 So. 2d 1231 (Fla. 2d DCA 1999). We note that the First District has also declined to follow Huggins. See Foresta v.…
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State v. Mickey Michael Clark, 780 So. 2d 977 (Fla. 5th DCA 2001)…and REMANDED. HARRIS and GRIFFIN, JJ., concur. . See Medina v. State, 758 So. 2d 113 (Fla. 2d DCA), rev. granted, 760 So. 2d 947 (Fla.2000); Foresta v. State, 751 So. 2d 738 (Fla. 1st DCA), rev. granted, 767 So. 2d 456 (Fla.2000); Hunter v. State, 751 So. 2d 181 (Fla. 2d DCA), rev. granted, 767 So. 2d 457 (Fla.2000); Medina v. State, 751 So. 2d 138 (Fla. 2d DCA), rev. granted, 760 So. 2d 947 (Fla.2000); State v. White, 736 So. 2d 1231 (Fla. 2d DCA 1999). . Whiten v. State, 765 So. 2d 309 (Fla. 5th DCA 2000…
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Brinson v. State, 784 So. 2d 533 (Fla. 5th DCA 2001)…Courts of Appeal whether PRR applied to burglary of an unoccupied dwelling. See Heath v. State, 753 So. 2d 795 (Fla. 1st DCA 2000); Medina v. State, [*534] 751 So. 2d 138, 139 (Fla. 2d DCA) review granted 760 So. 2d 947 (Fla.2000); Hunter v. State, 751 So. 2d 181 (Fla. 2d DCA) review granted, 767 So. 2d 457 (Fla.2000); State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999) review granted, 761 So. 2d 332 (Fla.2000). See also Whiten v. State, 765 So. 2d 309 (Fla. 5th DCA 2000). Since Brinson filed this appeal,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Huggins, 744 So. 2d 1215 (Fla. 4th DCA 1999)
- Ames v. State, 745 So. 2d 519 (Fla. 3d DCA 1999)
- Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999)
- McKinley Scott v. State, 721 So. 2d 1245 (Fla. 4th DCA 1998)