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764 So. 2d 676

Brooks v. State

District Court of Appeal of Florida · decided 2000-05-31

Cited by 6 later decisions — most recently December 2008

6 state decisions

Relies on 758 So. 2d 667 - Salters v. State · Robinson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-05-31

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FARMER, J.

¶1We affirm defendant’s conviction for burglary of an unoccupied dwelling. The state adduced sufficient evidence of entry without permission to send the case to the jury.

¶2Although defendant did not object to sentencing under the Prison Releasee Reoffender Act, sentencing under an improper statute that imposes harsher punishment than would be applied under the proper statute is fundamental error. Salters v. State, 758 So.2d 667 (Fla.2000). As we did in Robinson v. State, 766 So.2d 283 (Fla. 4th DCA 2000), we therefore reverse defendant’s PRR sentence because burglary of an unoccupied dwelling is not one of the qualifying offenses for such sentencing.

¶3CONVICTION AFFIRMED; REMANDED FOR RESENTENCING.

KLEIN and STEVENSON, JJ., concur.
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