Opinion
No. 1D00-1929.
Opinion filed May 21, 2001. Rehearing Denied February 25, 2002.
An Appeal from the Circuit Court for Duval County. Jean M. Johnson, Judge.
Reversed and Remanded.
Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.
Appellant was convicted of burglary of a dwelling that was unoccupied, and sentenced as a Prison Releasee Reoffender. The Florida Supreme Court has recently held the Prison Releasee Reoffender Act is not applicable to convictions of burglary of an unoccupied dwelling. See State v. Huggins, 26 Fla. L. Weekly S174 (Fla. March 23, 2001). Accordingly, we reverse Appellant's sentence as a Prison Releasee Reoffender, and remand for resentencing in accordance with Huggins.
KAHN and LEWIS, JJ., Concur.