TABITHA BROOKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-05-31
No. 4D99-2646
KLEIN and STEVENSON, JJ., concur.
764 So. 2d 676 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 12 cases

Opinion of the Court
FARMER, J.

FARMER, J.

We affirm defendant’s conviction for burglary of an unoccupied dwelling. The state adduced sufficient evidence of entry without permission to send the case to the jury.

Although defendant did not object to sentencing under the Prison Releasee Reoffender Act, sentencing under an improper statute that imposes harsher punishment than would be applied under the proper statute is fundamental error. Salters v. State, 758 So. 2d 667 (Fla.2000). As we did in Robinson v. State, 766 So. 2d 283 (Fla. 4th DCA 2000), we therefore reverse defendant’s PRR sentence because burglary of an unoccupied dwelling is not one of the qualifying offenses for such sentencing.

CONVICTION AFFIRMED; REMANDED FOR RESENTENCING.

KLEIN and STEVENSON, JJ., concur.


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Citator

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  • Phillips v. McDONOUGH, 962 So. 2d 375 (Fla. 1st DCA 2007)
    …uest to reinstate gain time lost as a result of a disciplinary report and an order imposing a lien on her inmate trust account. We dismiss the appeal on the merits because it is moot as Ms. Phillips has been released from prison. See Moore v. Moore, 764 So. 2d 676, 677 (Fla. 1st DCA 2000) (“A petition that goes to the length of confinement, rather than to the fact of confinement, is mooted by the inmate’s release.”). However, we reverse the order imposing the lien and direct reimbursement of any monies remove…
  • Rosales v. Moore, 775 So. 2d 971 (Fla. 1st DCA 2000)
    …etitioner from Department custody on June 21, 2000. Since petitioner received the relief requested in his petition for writ of certiorari and has been released, respondent suggests the petition should be dismissed as moot pursuant to Moore v. Moore, 764 So. 2d 676 (Fla. 1st DCA 2000). We agree. Accordingly, this petition for writ of cer-tiorari is dismissed as moot. JOANOS, LAWRENCE and VAN NORTWICK, JJ., CONCUR.…
  • Brooks v. State, 762 So. 2d 590 (Fla. 4th DCA 2000)
    …ing and dealing in stolen property. We reverse the sentence imposed under the Prison Releasee Reof-fender Act and remand for resentencing. See Robinson v. State, No. 4D99-2151, 2000 WL 174605, — So. 2d - (Fla. 4th DCA Feb.16, 2000); Brooks v. State, 764 So. 2d 676 (Fla. 4th DCA 2000). AFFIRMED in part; REVERSED in part and REMANDED. DELL, SHAHOOD and TAYLOR, JJ., concur.…

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