State v. Clark

SHARP, W., J.

The state appeals from the trial court’s refusal to sentence Clark as a prison re-leasee reoffender because he committed the criminal offense of burglary of an unoccupied, dwelling. The state asks this court to agree with the first and second district courts of appeal1 that burglary of *978a dwelling, whether or not occupied, is a qualifying offense under the Prison Re-leasee Reoffender Act (PRRA). The trial court followed State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA), rev. granted, 761 So.2d 332 (Fla.1999), which held to the contrary. However, after the trial court made its…