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Kidwell v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 2001
789 So. 2d 1167 (Fla. Dist. Ct. App. 2001)
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Opinion

Case No. 5D00-3190

Opinion filed July 6, 2001

Appeal from the Circuit Court for Orange County, A. Thomas Mihok, Judge.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

The Prison Releasee Reoffender Act is not applicable to a defendant who is convicted of burglary of an unoccupied dwelling. State v. Huggins, 26 Fla. L. Weekly S174, ___ So.2d ___, 2001 WL 278107 (Fla. March 22, 2001).

REVERSED AND REMANDED FOR RESENTENCING.

COBB, SHARP, W. and HARRIS, JJ., concur.

Summaries of

Kidwell v. State

District Court of Appeal of Florida, Fifth District
Jul 6, 2001
789 So. 2d 1167 (Fla. Dist. Ct. App. 2001)
Case details for

Kidwell v. State

Case Details

Full title:JOHN R. KIDWELL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 6, 2001

Citations

789 So. 2d 1167 (Fla. Dist. Ct. App. 2001)