State v. Anderson

Full title: THE STATE OF FLORIDA, Appellant, v. DAVID ANDERSON, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 11, 2001

781 So. 2d 1173 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-1615.

Opinion filed April 11, 2001.

An appeal from the Circuit Court for Monroe County, Richard Payne, Judge. Lower Tribunal No. 99-543.

Robert A. Butterworth, Attorney General and Margaret A. Brenan, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Valerie Jonas, Assistant Public Defender, for appellee.

Before Schwartz, C.J., and Goderich and Green, JJ.

PER CURIAM.

The state appeals a sentencing order finding that the offense of attempted burglary of an unoccupied dwelling did not qualify the appellee for sentencing as a prison releasee reoffender pursuant to section 775.082(9)(a)1.q., Florida Statutes (Supp. 1998). We affirm based upon the supreme court's holding in State v. Huggins, 2001 WL 278107; see also Rodriguez v. State, 773 So.2d 1222, 1223 (Fla. 3d DCA 2000).