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Dinnocenzo v. State

District Court of Appeal of Florida, Second District
May 4, 2001
793 So. 2d 37 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-1876.

Opinion filed May 4, 2001.

Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge.

James Marion Moorman, Public Defender, and Andrea S. Manthorne, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


Gregory Dinnocenzo has appealed from his conviction and sentence for burglary of an unoccupied dwelling. He asserts that the imposition of an enhanced penalty pursuant to the Prison Releasee Reoffender Act (PRRA), section 775.082(9)(a)(1), Florida Statutes (2000), was erroneous. InState v. Huggins, 26 Fla. L. Weekly S174, ___ So.2d ___, 2001 WL 278107 (Fla. Mar. 22, 2001), the Florida Supreme Court held that sentencing under the PRRA is not applicable to the crime of burglary of an unoccupied dwelling. In this case Mr. Dinnocenzo was charged with burglary of an unoccupied motor home; hence, the PRRA cannot be used to enhance his sentence. Accordingly, we reverse Mr. Dinnocenzo's sentence and remand for resentencing.

Reversed and Remanded for resentencing.

SALCINES and STRINGER, JJ., Concur.


Summaries of

Dinnocenzo v. State

District Court of Appeal of Florida, Second District
May 4, 2001
793 So. 2d 37 (Fla. Dist. Ct. App. 2001)
Case details for

Dinnocenzo v. State

Case Details

Full title:GREGORY DINNOCENZO, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 4, 2001

Citations

793 So. 2d 37 (Fla. Dist. Ct. App. 2001)