CARLTON ROCK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Carlton Rock appealed his conviction and sentence for burglary of an unoccupied dwelling, challenging the imposition of a Prison Releasee Reoffender (PRR) sentence. The court reversed, holding that burglary of an unoccupied dwelling does not qualify as a predicate offense for PRR sentencing under Florida law.
Burglary of an unoccupied dwelling does not qualify as a predicate offense for the imposition of a Prison Releasee Reoffender sentence. Therefore, Rock was improperly sentenced as a PRR, and his sentence must be reversed and remanded for resentencing.
[1] Burglary of an unoccupied dwelling does not qualify as a predicate offense for the imposition of a prisoner releasee reoffender sentence.
[2] A judicial decision controls until it is altered or overturned, even if a motion for rehearing is pending.
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Join FLexlaw to unlock all legal intelligence“Although burglary of an occupied structure or dwelling is one of the enumerated felonies that qualify as a predicate offense, burglary of an unoccupied structure or dwelling is not.”
Establishes the statutory distinction that forms the basis of the holding
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Join FLexlaw to unlock all legal intelligenceCarlton Rock was convicted of burglary of an unoccupied dwelling. He was sentenced as a Prison Releasee Reoffender pursuant to section 775.082(9)(a)1,…
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PER CURIAM.
Carlton Rock appeals his conviction and sentence for burglary of an unoccupied dwelling, arguing that he was improperly sentenced as a Prison Releasee Reof- fender pursuant to section 775.082(9)(a)l, Florida Statutes (2000). Because burglary of an unoccupied dwelling does not qualify as a predicate offense for the imposition of a prisoner releasee reoffender sentence, we reverse.
Section 775.082(9)(a)l enumerates the felonies that serve as a predicate offense for the imposition of a prisoner releasee reoffender sentence. Although burglary of an occupied structure or dwelling is one of the enumerated felonies that qualify as a predicate offense, burglary of an unoccupied structure or dwelling is not. See State v. Huggins, 802 So. 2d 276 (Fla.2001)(holding that sentencing under the Prison Releasee Reoffender Punishment Act does not apply to the crime of burglary of an unoccupied dwelling).
The State argues that Huggins should not be relied upon because the decision is not yet final since rehearing is pending before the Florida Supreme Court. Nonetheless, that decision controls until it is altered or overturned.
The State also argues that the 2001 amendment to section 775.082(9)(a)l indicates the intent of the legislature to include burglary of an unoccupied dwelling or structure as a predicate offense for the imposition of a prisoner releasee reoffen-der sentence. This argument is likewise unpersuasive. “It is firmly established law that the statutes in effect at the time of commission of a crime control as to the offenses for which the perpetrator can be convicted, as well as the punishments which may be imposed.” State v. Miranda, 793 So. 2d 1042, 1044 (Fla. 3d DCA 2001)(holding that the Prison Releasee Reoffender Punishment Act could not be used to enhance the sentence imposed where the defendant was convicted of burglary of an unoccupied dwelling). In this case, Rock committed the offenses for which he was charged in 1998. If the amended statute were to be given retroactive effect, this would result in an additional punishment for Rock and would thus run afoul of the ex post facto clauses of the state and federal constitutions. Id.
We therefore reverse and remand for resentencing.
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Foster v. State, 861 So. 2d 434 (Fla. 1st DCA 2001)…affect prosecution or punishment for any crime previously committed.”); State v. Smith, 547 So. 2d 613, 616 (Fla.1989); Booker v. State, 514 So. 2d 1079, 1082-83 (Fla.1987); State v. Eldredge, 801 So. 2d 965, 966 (Fla. 4th DCA 2001); Rock v. State, 800 So. 2d 298, 299 (Fla. 3d DCA 2001); State v. Miranda, 793 So. 2d 1042, 1044 (Fla. 3d DCA 2001); Heath v. State, 532 So. 2d 9, 10 (Fla. 1st DCA 1988). See also Fla. Const., Art. I, § 10 (“No ... ex post facto law ... shall be passed.”). These constitutional res…1 / 2
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Goings v. State, 76 So. 3d 975 (Fla. 1st DCA 2011)…, the controlling statute of limitations is that which is in effect when a crime is committed.” (citing State ex rel. Manucy v. Wadsworth, 293 So. 2d 345, 347 (Fla. 1974))); Torgerson v. State, 964 So. 2d 178, 179 (Fla. 4th DCA 2007); Rock v. State, 800 So. 2d 298, 299 (Fla. 3d DCA 2001); Mercer v. State, 654 So. 2d 1221, 1221 (Fla. 5th DCA 1995) (“The limitations period in effect at the time of the action giving rise to the criminal charges controls the time in which prosecution must be initiated.” (citing R…
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Davis v. State, 892 So. 2d 518 (Fla. 1st DCA 2004)…affect prosecution or punishment for any crime previously committed.”); State v. Smith, 547 So. 2d 613, 616 (Fla.1989); Booker v. State, 514 So. 2d 1079, 1082-83 (Fla.1987); State v. Eldredge, 801 So. 2d 965, 966 (Fla. 4th DCA 2001); Rock v. State, 800 So. 2d 298, 299 (Fla. 3d DCA 2001); State v. Miranda, 793 So. 2d 1042, 1044 (Fla. 3d DCA 2001); Heath v. State, 532 So. 2d 9, 10 (Fla. 1st DCA 1988). See also Fla. Const., Art. I, § 10 (“No ... ex post facto law ... shall be passed.”). These constitutional res…
Previewing 3 of 11 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, 802 So. 2d 276 (Fla. 2001)
- State v. Miranda, 793 So. 2d 1042 (Fla. 3d DCA 2001)