Gonzalez v. State

Jesus Gonzalez appeals the denial of his Motion for Post Conviction Relief made pursuant to Rule 3.850, Fla. R.Crim. P., on several grounds, only one of which has merit as the State properly concedes. Gonzalez correctly argues that he was erroneously sentenced pursuant to the Prison Releasee Reoffender Act (PRR), Section 775.082, Fla. Stat. (1999), in that the mandatory 15 year sentence under the Act is inapplicable to the crime of burglary of an unoccupied dwelling. See State v. Huggins, 802 So.2d 276 (Fla.2001). In addition, Gonzalez correctly asserts that the crimes of grand theft and…