Legal Opinion
State v. Harris
District Court of Appeal of Florida
Decided May 4, 2001No. 5D00-2393Published
1Opinion of the CourtW. Sharp, J.
The state appeals from an order rendered by the trial court on August 16, 2000, which concluded that section 775.082, the Prison Releasee Reoffender Act (PRR) could not be used to enhance a sentence for the offense of burglary of an unoccupied dwelling. We affirm.
The question of whether or not the PRR applies to burglaries of unoccupied dwellings was argued to the trial court below, and it specifically ruled that the PRR should not be used to enhance that crime. Thus, this issue was preserved for appeal, and we find the notice of appeal which mentions only the order, and fails to mention the…
2Cases cited7 opinions
- State v. HugginsSupreme Court of Florida · 2001
- State v. HugginsDistrict Court of Appeal of Florida · 1999
- State v. WhiteDistrict Court of Appeal of Florida · 1999
- Foresta v. StateDistrict Court of Appeal of Florida · 2000
- Price v. HortonSupreme Court of Florida · 1918
2 more not listed; retrieve them via the Exa API.