Opinion
Case No. 3D01-280.
Opinion filed May 30, 2001.
An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Daryl E. Trawick, Judge. Lower Tribunal No. F99-17183.
David Cruz-Bertances, in proper person. Robert A. Butterworth, Attorney General and Darien M. Doe, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and JORGENSON and COPE, JJ.
The order denying 3.800 relief is reversed in part and the portion of the sentence for burglary of an unoccupied dwelling adjudicating the defendant a Prison Releasee Reoffender is vacated. State v. Huggins, ___ So.2d ___, 2001 WL 278107 (Fla. Case no. SC99-27, opinion filed, March 22, 2001)[26 FLW S174]; Rodriguez v. State, 773 So.2d 1222 (Fla. 3d DCA 2000). The order approving the 15-year sentence imposed on the defendant as a habitual offender is affirmed.