Opinion
Case No. 4D99-2646.
Opinion filed May 31, 2000.
Appeal from the Circuit Court for the Fifteenth Judicial Court, Palm Beach County; John L. Phillips, Judge; L.T. Case No. 99-2304 CFA02.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, Claudine LaFrance, Assistant Attorney General, West Palm Beach, for appellee.
We affirm defendant's conviction for burglary of an unoccupied dwelling. The state adduced sufficient evidence of entry without permission to send the case to the jury.
Although defendant did not object to sentencing under the Prison Releasee Reoffender Act, sentencing under an improper statute that imposes harsher punishment than would be applied under the proper statute is fundamental error. Salters v. State 758 So.2d 667 (Fla. 2000). As we did in Robinson v. State, ____ So.2d ____, 2000 WL 174605 (Fla. 4th DCA Feb. 16, 2000), we therefore reverse defendant's PRR sentence because burglary of an unoccupied dwelling is not one of the qualifying offenses for such sentencing.
CONVICTION AFFIRMED; REMANDED FOR RESENTENCING.
KLEIN and STEVENSON, JJ., concur.