Legal Opinion

Higginbotham v. State

District Court of Appeal of Florida

Decided January 10, 2003No. 2D01-5654Published

1Opinion of the Court

WHATLEY, Judge.

Franklin C. Higginbotham appeals an order denying his motion to correct an illegal sentence. We find- merit only in Higginbotham’s claim that the trial court erred in sentencing him pursuant to the Prison Releasee Reoffender Punishment Act. His sentences are otherwise affirmed.

Based on the Florida Supreme Court’s holding in State v. Huggins, 802 So.2d 276 (Fla.2001), Higginbotham’s convictions *884were not qualifying offenses under the Prison Releasee Reoffender Punishment Act in effect at the time of his crime. § 775.082, Fla. Stat. (1997). See Jones v. State, 824 So.2d 1062 (Fla.…

2Cases cited4 opinions

  1. State v. HugginsSupreme Court of Florida · 2001
  2. Broughton v. StateDistrict Court of Appeal of Florida · 2001
  3. Jackson v. StateDistrict Court of Appeal of Florida · 2002
  4. Jones v. StateDistrict Court of Appeal of Florida · 2002

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