Public-domain · open source
OpenJurist

789 So. 2d 1030

Ivery v. State

District Court of Appeal of Florida · decided 2001-04-27

Cited by 3 later decisions — most recently February 2002

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-04-27

View the full empirical analysis of this case →

FULMER, Acting Chief Judge.

¶1Antonio Ivery appeals the trial court’s order denying his motion to correct sentencing error, arguing the trial court erred in sentencing him as a Prison Releasee Reoffender for the offense of burglary of an unoccupied dwelling.

¶2The Florida Supreme Court recently held in State v. Huggins, 26 Fla. L. Weekly S174, - So.2d -, 2001 WL 278107 (Fla. Mar. 22, 2001), that the Prison Re-leasee Reoffender Act does not apply to burglary of an unoccupied structure and burglary of an unoccupied dwelling. Accordingly, we affirm Ivery’s judgment, but reverse and remand for resentencing consistent with Huggins.

WHATLEY and DAVIS, JJ., concur.
/789/so2d/1030 · .json · Public domain