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Arnold v. State

District Court of Appeal of Florida, Second District
May 4, 2001
787 So. 2d 161 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-547.

Opinion filed May 4, 2001.

Appeal from the Circuit Court for Polk County; Donald G. Jacobsen, Judge.

James Marion Moorman, Public Defender, and James C. Banks and Robert A. Morris, Special Assistant Public Defenders, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.


Ralph Arnold challenges the sufficiency of the evidence to support his convictions for two burglaries and possession of burglary tools. We find no merit in his arguments, and affirm the convictions without discussion. Arnold also contends that the circuit court erred in sentencing him under the Prison Releasee Reoffender Punishment Act for the two burglaries. Our supreme court has recently held that the Act is not applicable to Arnold's crimes, burglaries of unoccupied dwellings.See State v. Huggins, 26 Fla. L. Weekly S174, ___ So.2d ___, 2001 WL 278107 (Fla. March 22, 2001). We reverse Arnold's sentences for the two burglaries and remand for resentencing.

Affirmed in part, Reversed in part and Remanded.

THREADGILL, A.C.J., and CAMPBELL, MONTEREY (Senior) Judge, Concur.


Summaries of

Arnold v. State

District Court of Appeal of Florida, Second District
May 4, 2001
787 So. 2d 161 (Fla. Dist. Ct. App. 2001)
Case details for

Arnold v. State

Case Details

Full title:RALPH ARNOLD, Appellant, v. STATE OF FLORIDA, Appellee.)

Court:District Court of Appeal of Florida, Second District

Date published: May 4, 2001

Citations

787 So. 2d 161 (Fla. Dist. Ct. App. 2001)