BLAKE LEE MARCH
v.
STATE OF FLORIDA
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A defendant convicted of burglary of a dwelling with assault or battery is eligible for sentencing under the prison release reoffender statute because burglary of a dwelling is an enumerated crime and the assault or battery variant is a greater degree of that included crime.
[1] A defendant convicted of a greater degree of an enumerated crime under the prison release reoffender statute is eligible for sentencing under that statute, even if the sp…
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Join FLexlaw to unlock all legal intelligence“giving [the PRR and burglary statutes] their plain meaning, reveals that burglary of a dwelling with an assault or battery is punishable by a life sentence under the PRR statute.”
Court's reliance on First District precedent in Campbell v. State to support its interpretation of the statute
Blake Lee March was convicted of burglary of a dwelling with assault or battery. He appealed, arguing that because this specific crime variant was not…
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KUNTZ, J.
Blake Lee March appeals his conviction and sentence. We briefly write to address his argument that because “burglary with an assault or battery” is not an enumerated crime in the prison release reoffender statute, section 775.082(9)(a)1., Florida Statutes (2021), he could not be sentenced under the PRR statute. We disagree.
The PRR statute states that “‘prison release reoffender’ means any defendant who commits, or attempts to commit: . . . q. Burglary of a dwelling or burglary of an occupied structure[.]” § 775.082(9)(a)1., Fla. Stat. (2021). March was convicted of burglary of a dwelling with assault or battery, a greater degree of the included crime. We agree with the First District’s opinion in Campbell v. State, 29 So. 3d 1147, 1149 (Fla. 1st DCA 2010) (“giving [the PRR and burglary statutes] their plain meaning, reveals that burglary of a dwelling with an assault or battery is punishable by a life sentence under the PRR statute.”). 1
As a result, we conclude March was eligible to be sentenced under the PRR statute and affirm his conviction and sentence.
Affirmed.
MAY and CIKLIN, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
1The First District also concluded that “[i]t would be illogical to construe the PRR statute in a way that allows an enhanced sentence for simple burglary of a dwelling, but not for a greater degree of that same crime.” Campbell, 29 So. 3d at 1149-50.
2