Legal Opinion

Lopez v. State

District Court of Appeal of Florida

Decided April 5, 2006No. 2D05-407Published

1Opinion of the Court

NORTHCUTT, Judge.

In 1999, Edward Lopez was sentenced to fifteen years’ imprisonment as a prison releasee reoffender for burglary of a dwelling, and to ten years’ imprisonment as a habitual offender for possession of burglary tools. The sentences were to run concurrently. In a later motion pursuant to Florida Rule of Criminal Procedure 3.800(a), Lopez successfully challenged the legality of his prison releasee reoffender sentence for the burglary conviction on the ground that the dwelling he burgled was unoccupied. See State v. Huggins, 802 So.2d 276 (Fla.2001); Zook v. State, 883 So.2d 332,…

2Cases cited4 opinions

  1. Troupe v. RoweSupreme Court of Florida · 1973
  2. State v. HugginsSupreme Court of Florida · 2001
  3. Fasenmyer v. StateSupreme Court of Florida · 1984
  4. Zook v. StateDistrict Court of Appeal of Florida · 2004

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