Ivery v. State

FULMER, Acting Chief Judge.

Antonio Ivery appeals the trial court’s order denying his motion to correct sentencing error, arguing the trial court erred in sentencing him as a Prison Releasee Reoffender for the offense of burglary of an unoccupied dwelling.

The Florida Supreme Court recently held in State v. Huggins, 26 Fla. L. Weekly S174, - So.2d -, 2001 WL 278107 (Fla. Mar. 22, 2001), that the Prison Re-leasee Reoffender Act does not apply to burglary of an unoccupied structure and burglary of an unoccupied dwelling. Accordingly, we affirm Ivery’s judgment, but reverse and remand for…