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763 So. 2d 1138

Romero v. State

District Court of Appeal of Florida

Decided January 5, 2000

District Court of Appeal of Florida · decided 2000-01-05

Relies on 744 So. 2d 1215 - State v. Huggins · 721 So. 2d 1245 - Scott v. State

Decided 2000-01-05

PER CURIAM.

¶1David Romero appeals his conviction on charges of burglary of a dwelling and dealing in stolen property. We are unpersuaded by Romero’s arguments and affirm his judgment.

¶2The state cross-appeals the trial court’s refusal to sentence Romero under the Prison Releasee Reoffender Act because the court concluded burglary of an unoccupied structure did not fit within the felonies to which the Act applied. We previously held that for purposes of sentencing under the Act, the question of whether a dwelling was occupied or unoccupied was of no consequence. See Scott v. State, 721 So.2d 1245 (Fla. 4th DCA 1998). However, this court recently receded from Scottin State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA 1999) (en banc). Pursuant to Huggins, we affirm Romero’s sentence.

¶3AFFIRMED.

POLEN, SHAHOOD and GROSS, JJ., concur.
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