Opinion
No. 2D00-2235.
Opinion filed March 21, 2001.
Appeal from the Circuit Court for Sarasota County; Nancy K. Donnellan, Judge.
Affirmed.
James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
James Hakkenberg appeals from his prison releasee reoffender sentences in two separate cases, each involving the offense of burglary of an unoccupied dwelling. We affirm based on Medina v. State, 751 So.2d 138 (Fla. 2d DCA), review granted, 760 So.2d 947 (Fla. 2000), and, once again, certify conflict with State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA 1999), review granted, 761 So.2d 332 (Fla. 2000).
Trial court case numbers 98-13627CF-A and 98-13721CF-A.
Finally, the notice of appeal filed with this court included a third case which involved the sentences Hakkenberg received upon the entry of his plea of nolo contendere for a violation of probation for the offenses of attempted burglary and possession of burglary tools. Hakkenberg did not present any argument on appeal concerning that third case. However, we note that prison releasee reoffender sentences were not imposed in that matter. Thus, those sentences will be unaffected by any subsequent determination by the supreme court concerning the propriety of the imposition of a prison releasee reoffender sentence as to a conviction for burglary of an unoccupied dwelling.
Trial court case number 94-2039-F.
Casanueva, A.C.J., and Stringer, J., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.