JEFFREY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JEFFREY JONES, APPELLANT,
STATE OF FLORIDA, APPELLEE
824 So. 2d 1062
Florida District Court of Appeal, Second District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Jeffrey Jones challenges his prison re-leasee reoffender sentence imposed for his conviction for burglary of an unoccupied dwelling. As the State properly concedes, this sentence cannot stand in light of State v. Huggins, 802 So. 2d 276, 279 (Fla.2001) (disapproving this court’s decision in Medina v. State, 758 So. 2d 113 (Fla. 2d DCA 2000), and holding that the prison releasee reoffender act does not apply to convictions for burglary of an unoccupied dwelling). Therefore, we reverse Jones’s sentence and remand for resentencing.
Reversed and remanded.
PARKER, SALCINES, and KELLY, 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)…in State v. Huggins, 802 So. 2d 276 (Fla.2001), Higginbotham’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 sente…
Authorities Cited
- State v. Huggins, 802 So. 2d 276 (Fla. 2001)
- Medina v. State, 758 So. 2d 113 (Fla. 2d DCA 2000)