Robinson v. State

Defendant was convicted of burglary of a dwelling in violation of section 810.02(l)(3)(b). § 810.02(l)(3)(b), Fla. Stat. (1997). We affirm the conviction. The trial court sentenced defendant to 15 years as both a Prison Releasee Reoffender (PRR) and as a Habitual Felony Offender (HFO). We reverse the PRR sentence.

Section 775.082(8) defines a “Prison re-leasee reoffender” as anyone who commits or attempts to commit, among other enumerated crimes, “burglary of an occupied [e.s.] structure or dwelling” within three years of being released from a state correctional facility. § 775.082(8)(a)l.q.…