Brinson v. State

George Brinson entered pleas of nolo contendere to burglary of a dwelling and dealing in stolen property. The trial court sentenced him as a Prison Releasee Reof-fender (“PRR”) pursuant to section 775.082(9)(a)l.q., Florida Statutes (1999), to 15 years concurrently on the two charges. Brinson contends on appeal that PRR sentencing is not applicable in cases involving burglary of an unoccupied dwelling. We agree and reverse the sentences.

The state concedes that the dwelling was unoccupied at the time of the burglary. Further, the State concedes that Brin-son preserved his argument that PRR…