Shaw v. State

Edward Shaw challenges his sentence as a prison releasee reoffender (“PRR”) for burglary of an occupied conveyance with an assault. Succinctly summarized, Shaw argues that he could not be sentenced as a PRR because the jury was not specifically instructed that it had to find he committed an assault during the burglary, and because burglary of an occupied conveyance is not a qualifying offense. We reject both these arguments and affirm.

Shaw’s first argument raises an Appren-di 1 issue: that the jury had to specifically determine any facts, other than prior convictions, that may be used to…