Legal Opinion

Jones v. State

District Court of Appeal of Florida

Decided September 6, 2002No. 2D01-4114PublishedCited by 1 opinion

1Per curiam

Jeffrey Jones challenges his prison re-leasee reoffender sentence imposed for his conviction for burglary of an unoccupied dwelling. As the State properly concedes, this sentence cannot stand in light of State v. Huggins, 802 So.2d 276, 279 (Fla.2001) (disapproving this court’s decision in Medina v. State, 758 So.2d 113 (Fla. 2d DCA 2000), and holding that the prison releasee reoffender act does not apply to convictions for burglary of an unoccupied dwelling). Therefore, we reverse Jones’s sentence and remand for resentencing.

Reversed and remanded.

PARKER, SALCINES, and KELLY, JJ., Concur.

2Cases cited2 opinions

  1. State v. HugginsSupreme Court of Florida · 2001
  2. Medina v. StateDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Higginbotham v. StateDistrict Court of Appeal of Florida · 2003