Suffield v. State

Thomas A. Suffield, Jr. appeals the summary denial of his rule 3.800 motion. He alleges that his sentence is illegal because the trial court sentenced him to life imprisonment as a Prison Releasee Reoffender (PRR) on Count 1 (Burglary of an Occupied Conveyance with Assault or Battery) in a two-count conviction where he does not qualify as a PRR. See § 775.028(9)(a)(l), Fla. Stat. (2001). The State properly concedes that Suffield is entitled to resentencing.

Suffield argues that a conviction for burglary of a conveyance with an assault or battery does not qualify for PRR sentencing pursuant to…