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816 So. 2d 717

Jones v. State

District Court of Appeal of Florida · decided 2002-04-26

Relies on 802 So. 2d 276 - State v. Huggins · Jones v. State

Decided 2002-04-26

¶1On Remand from Supreme Court of Florida

BLUE, Chief Judge.

¶2Cleveland Jones appealed his burglary conviction and prison releasee reoffender sentence, which this court affirmed. Jones v. State, 779 So.2d 516 (Fla. 2d DCA 2000). By unpublished order, the Florida Supreme Court vacated the decision and remanded for reconsideration in light of State v. Huggins, 802 So.2d 276 (Fla.2001) (holding that prison releasee reoffender sentence does not apply to burglary of unoccupied dwelling). Accordingly, we reverse the prison releasee reoffender sentence imposed in this case and remand for resentencing.

¶3Conviction affirmed; sentence reversed and remanded.

FULMER,1 J., and THREADGILL, EDWARD F., Senior Judge, Concur.
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