Jones v. State

Bobby Jones seeks to reverse the trial court’s summary denial of his post-conviction appeal filed pursuant to Florida Rule of Criminal Procedure 3.800, alleging illegal sentencing. He asserts that his prior convictions for second-degree burglary, which were of unoccupied structures and without violence, do not qualify him for sentencing as a violent career criminal pursuant to- section 775.084, Florida Statutes (1999). This Court has repeatedly rejected that argument because section 776.08, Florida Statutes (1999), expressly lists “burglary” as a forcible felony.1 See Hernandez v. State, 960…