Opinion
No. 2D01-777.
May 8, 2002.
Appeal from the Circuit Court for Polk County; J. Michael McCarthy, Judge.
James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.
Michael Jackson challenges his convictions and sentence imposed pursuant to the Prison Releasee Reoffender Punishment Act (PRR), section 775.082(9)(a)(1)(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.