ROOSEVELT DUDLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SALCINES, Judge.
Roosevelt Dudley appeals his conviction and sentence for burglary of a dwelling, a second-degree felony. We affirm, but write in order to avoid any future confusion by the Department of Corrections concerning Dudley’s sentence.
At the sentencing hearing, the trial court found that Dudley qualified to be sentenced as a prison releasee reoffen-der (PRR), pursuant to section 775.082(9)(a)(l), Florida Statutes (2000). The written sentence provided that Dudley was to be incarcerated for fifteen years; however, it did not indicate that he was to be sentenced as a PRR. Because Dudley was found guilty of burglary of a dwelling, but the jury did not make a determination that the dwelling was occupied, Dudley could not be sentenced as a PRR. See Parker v. State, 799 So. 2d 282, (Fla. 2d DCA 2001). The fifteen-year term of imprisonment was nonetheless legal and not a departure sentence pursuant to the applicable provision of the criminal punishment code, section 921.002(1)(g), Florida Statutes (2000). See Willingham v. State, 781 So. 2d 512 (Fla. 5th DCA 2001).
Affirmed.
WHATLEY, A.C.J., and CASANUEVA, J., concur.
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Christopher v. State, 821 So. 2d 1275 (Fla. 2d DCA 2002)…tual determination that the dwelling was occupied when Christopher committed his offense. Under these circumstances, his offense did not qualify for PRRPA sentencing. Weems v. State, 795 So. 2d 122, 125 (Fla. 1st DCA 2001). See also Dudley v. State, 802 So. 2d 461, 462 (Fla. 2d DCA 2001); Parker v. State, 799 So. 2d 282, 283 (Fla. 2d DCA 2001). Affirmed in part; reversed in part and remanded for resentencing. SALCINES and KELLY, JJ., Concur.…
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McCOY v. State, 838 So. 2d 1211 (Fla. 2d DCA 2003)…abitual felony offender and as a prison releasee reoffender for the count one burglary. McCoy argues that the trial court erred when it imposed a prison releasee reoffen-der sentence for the burglary of an unoccupied dwelling. See Dudley v. State, 802 So. 2d 461 (Fla. 2d DCA 2001); Parker v. State, 799 So. 2d 282 (Fla. 2d DCA 2001). McCoy was not charged with burglary of an occupied dwelling, and the jury did not make a finding that the dwelling was occupied at the time of the burglary. The State concedes t…
Authorities Cited
- Odies Willingham II v. State, 781 So. 2d 512 (Fla. 5th DCA 2001)
- Parker v. State, 799 So. 2d 282 (Fla. 2d DCA 2001)