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833 So. 2d 883

Higginbotham v. State

District Court of Appeal of Florida

Decided January 10, 2003

District Court of Appeal of Florida · decided 2003-01-10

Relies on 802 So. 2d 276 - State v. Huggins · 790 So. 2d 1118 - Broughton v. State · Walker v. State

Decided 2003-01-10

WHATLEY, Judge.

¶1Franklin C. Higginbotham appeals an order denying his motion to correct an illegal sentence. We find- merit only in Higginbotham’s claim that the trial court erred in sentencing him pursuant to the Prison Releasee Reoffender Punishment Act. His sentences are otherwise affirmed.

¶2Based on the Florida Supreme Court’s holding in State v. Huggins, 802 So.2d 276 (Fla.2001), Higginbotham’s convictions *884were not qualifying offenses under the Prison Releasee Reoffender Punishment Act in effect at the time of his crime. § 775.082, Fla. Stat. (1997). See Jones v. State, 824 So.2d 1062 (Fla. 2d DCA 2002); Jackson v. State, 817 So.2d 927 (Fla. 2d DCA 2002); Broughton v. State, 790 So.2d 1118 (Fla. 2d DCA 2001). Accordingly, we affirm Higginbotham’s habitual offender sentences but reverse the minimum mandatory portion of his sentence imposed pursuant to the Prison Releasee Reoffen-der Punishment Act.

¶3Convictions and habitual offender sentences affirmed; prison releasee reoffen-der mandatory minimum term and designation stricken.

NORTHCUTT and SILBERMAN, JJ„ Concur.
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