Ivery v. State

Full title: ANTONIO RAY IVERY, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Apr 27, 2001

789 So. 2d 1030 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D99-39096.

Opinion filed April 27, 2001.

Appeal from the Circuit Court for Hillsborough County; Robert J. Simms, Judge.

James Marion Moorman, Public Defender, and Douglas S. Connor, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee.

FULMER, Acting Chief Judge.

Antonio Ivery appeals the trial court's order denying his motion to correct sentencing error, arguing the trial court erred in sentencing him as a Prison Releasee Reoffender for the offense of burglary of an unoccupied dwelling.

The Florida Supreme Court recently held in State v. Huggins, 26 Fla. L. Weekly S174, ___ So.2d ___, 2001 WL 278107 (Fla. Mar. 22, 2001), that the Prison Releasee Reoffender Act does not apply to burglary of an unoccupied structure and burglary of an unoccupied dwelling. Accordingly, we affirm Ivery's judgment, but reverse and remand for resentencing consistent with Huggins.

WHATLEY and DAVIS, JJ., Concur.