Opinion
No. 2D00-2235.
Opinion filed May 9, 2001.
Appeal from the Circuit Court for Sarasota County; Nancy K. Donnellan, Judge.
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. Because Hakkenberg was improperly sentenced as a prison releasee reoffender for burglary of an unoccupied dwelling, we reverse and remand for resentencing. See State v. Huggins, 26 Fla. L. Weekly S174, ___ So.2d ___, 2001 WL 278107 (Fla. Mar. 22, 2001).
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 are unaffected by this court's determination that the prison releasee reoffender sentences must be reversed as to Hakkenberg's convictions for burglary of an unoccupied dwelling.
Trial court case number 94-2039-F.
Reversed and Remanded for resentencing.
CASANUEVA, A.C.J., and STRINGER, J., Concur.