Legal Opinion

Robert E. Fratcher v. State of Florida

District Court of Appeal of Florida

Decided May 11, 2016No. 4D15-3980Published

1Per curiam

We reverse the trial court’s order denying appellant’s rule 3.800(a) motion to correct illegal sentence. Appellant’s conviction for burglary of a dwelling with an assault or battery, which did not. specify whether the dwelling was occupied, does not qualify for prison releasee reoffender (PRR) sentencing. Plain v. State, 141 So.3d 696, 696 (Fla. 4th DCA 2014); Suffield v. State, 132 So.3d 333, 334 (Fla. 4th DCA 2014); Tumblin v. State, 965 So.2d 354, 356 (Fla. 4th DCA 2007); see also Ellis v. State, 135 So.3d 478, 480 (Fla. 2d DCA 2014); Santiago v. State, 76 So.3d 1027, 1031 (Fla. 3d DCA…

2Cases cited8 opinions

  1. State v. HearnsSupreme Court of Florida · 2007
  2. State v. HugginsSupreme Court of Florida · 2001
  3. Tumblin v. StateDistrict Court of Appeal of Florida · 2007
  4. Ellis v. StateDistrict Court of Appeal of Florida · 2014
  5. Shiflet v. StateDistrict Court of Appeal of Florida · 2010

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