TONY RHODES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed Rhodes' convictions for dealing in stolen property, burglary, and driving without a license, but vacated his prison releasee reoffender sentence for burglary because the Prison Releasee Reoffender Act does not apply to burglary of an unoccupied dwellings.
The Prison Releasee Reoffender Act does not apply to convictions for burglary of an unoccupied dwellings.
[1] The Prison Releasee Reoffender Act does not apply to convictions for burglary of an unoccupied dwelling.
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Join FLexlaw to unlock all legal intelligence“Prison Releasee Reoffender Act is not applicable to a defendant who is convicted of burglary of an unoccupied dwelling.”
The court explained the supreme court's holding in State v. Huggins that reversed the prior White decision.
Tony Rhodes was convicted of two counts of dealing in stolen property, burglary of an unoccupied dwelling, and driving without a valid driver's licens…
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GREEN, Acting Chief Judge.
Tony Rhodes timely challenges his judgment and sentence for two counts of dealing in stolen property, burglary of an unoccupied dwelling, and driving without a valid driver’s license. We affirm Mr. Rhodes’ convictions without discussion. However, we vacate Mr. Rhodes’ prison releasee reoffender sentence for the burglary conviction and remand for resentencing.
The State sought to have Mr. Rhodes sentenced as a prison releasee reoffender for the burglary charge based on his previous criminal history. The trial court sentenced Mr. Rhodes as a prison releasee reoffender because of this court’s decision in State v. White, 736 So. 2d 1231 (Fla. 2d DCA 1999). Subseqent to sentencing, the supreme court in State v. Huggins, 802 So. 2d 276 (Fla.2001), reversed the opinion in White and explained that the “Prison Releasee Reoffender Act is not applicable to a defendant who is convicted of burglary of an unoccupied dwelling.” Accordingly, because Mr. Rhodes was convicted of burglary of an unoccupied dwelling, the Prison Releasee Reoffender Act does not apply to him, and his sentence on that conviction must be vacated.
Affirmed in part, vacated in part, and remanded for resentencing for the burglary charge.
DAVIS and SILBERMAN, JJ., Concur.
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Citator
Cited By
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Graham v. State, 813 So. 2d 248 (Fla. 2d DCA 2002)…court disapproved White in State v. Huggins, 802 So. 2d 276 (Fla.2001), and ruled that the Prison Releasee Reof-fender Punishment Act is not applicable to a defendant who is convicted of burglary of an unoccupied dwelling. See also Rhodes v. State, 805 So. 2d 936 (Fla. 2d DCA 2001). Mr. Graham now seeks to have his sen [*249] tence vacated and the case remanded for further proceedings. We agree. The State concedes that Mr. Graham was improperly sentenced as a prison re-leasee reoffender because burglary of…
Authorities Cited
- State v. Huggins, 802 So. 2d 276 (Fla. 2001)
- State v. White, 736 So. 2d 1231 (Fla. 2d DCA 1999)