MICHAEL G. JACKSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL G. JACKSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
817 So. 2d 927
Florida District Court of Appeal, Second District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
NORTHCUTT, Judge.
Michael Jackson challenges his convictions and sentence imposed pursuant to the Prison Releasee Reoffender Punishment Act (PRR), section 775.082(9)(a)(l)(q), Florida Statutes (2000), for burglary of a dwelling and felony petit theft. We affirm the convictions without discussion.
The State concedes that we must reverse Jackson’s PRR sentence for burglary of a dwelling. Because it is undisputed that, the dwelling was unoccupied, the PRR cannot be used to enhance Jackson’s sentence. See State v. Huggins, 802 So. 2d 276 (Fla.2001). Accordingly, we reverse Jackson’s sentence and remand for resentencing without the minimum mandatory sentence imposed under the PRR. CASANUEVA and SILBERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Higginbotham v. State, 833 So. 2d 883 (Fla. 2d DCA 2003)…nbotham’s convictions [*884] were not qualifying offenses under the Prison Releasee Reoffender Punishment Act in effect at the time of his crime. § 775.082, Fla. Stat. (1997). See Jones v. State, 824 So. 2d 1062 (Fla. 2d DCA 2002); Jackson v. State, 817 So. 2d 927 (Fla. 2d DCA 2002); Broughton v. State, 790 So. 2d 1118 (Fla. 2d DCA 2001). Accordingly, we affirm Higginbotham’s habitual offender sentences but reverse the minimum mandatory portion of his sentence imposed pursuant to the Prison Releasee Reoffen-d…
Authorities Cited
- State v. Huggins, 802 So. 2d 276 (Fla. 2001)