JAMES HAKKENBERG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's prison releasee reoffender sentences for burglary of an unoccupied dwelling were improper and reversed for resentencing, while sentences in a third case involving probation violation were unaffected.
Prison releasee reoffender sentences cannot be imposed for burglary of an unoccupied dwelling.
[1] Prison releasee reoffender sentencing enhancement is not applicable to the offense of burglary of an unoccupied dwelling.
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Join FLexlaw to unlock all legal intelligenceHakkenberg was sentenced as a prison releasee reoffender in two separate cases for burglary of an unoccupied dwelling, and also received sentences in …
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SALCINES, Judge.
James Hakkenberg appeals from his prison releasee reoffender sentences in two separate cases, each involving the offense of burglary of an unoccupied dwelling.1 Because Hakkenberg was improperly sentenced as a prison releasee reoffender for burglary of an unoccupied dwelling, we reverse and remand for re-sentencing. See State v. Huggins, 26 Fla. L. Weekly S174, — So. 2d -, 2001 WL 278107 (Fla. Mar. 22, 2001).
Finally, the notice of appeal filed with this court included a third case which involved the sentences Hakkenberg received upon the entry of his plea of nolo conten-dere for a violation of probation for the offenses of attempted burglary and possession of burglary tools.2 Hakkenberg did not present any argument on appeal concerning that third case. However, we note that prison releasee reoffender sentences were not imposed in that matter. Thus, those sentences are unaffected by this' court’s determination that the prison re-leasee reoffender sentences must be reversed as to Hakkenberg’s convictions for burglary of an unoccupied dwelling.
Reversed and remanded for resentencing.
CASANUEVA, A.C.J., and STRINGER, J., concur. . Trial court case numbers 98-13627CF-A and 98-13721CF-A. . Trial court case number 94-2039-F.