ANTONIO RAY IVERY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTONIO RAY IVERY, APPELLANT,
STATE OF FLORIDA, APPELLEE
789 So. 2d 1030
Florida District Court of Appeal, Second District (2001)
Positive Treatment
Cited by 6 cases
Opinion of the Court
FULMER, Acting Chief Judge.
Antonio Ivery appeals the trial court’s order denying his motion to correct sentencing error, arguing the trial court erred in sentencing him as a Prison Releasee Reoffender for the offense of burglary of an unoccupied dwelling.
The Florida Supreme Court recently held in State v. Huggins, 26 Fla. L. Weekly S174, - So. 2d -, 2001 WL 278107 (Fla. Mar. 22, 2001), that the Prison Re-leasee Reoffender Act does not apply to burglary of an unoccupied structure and burglary of an unoccupied dwelling. Accordingly, we affirm Ivery’s judgment, but reverse and remand for resentencing consistent with Huggins.
WHATLEY and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001)…COMMIT “A FELONY PUNISHABLE BY LIFE,” APPLY BOTH TO LIFE FELONIES AND FIRST DEGREE FELONIES PUNISHABLE BY IMPRISONMENT FOR A TERM OF YEARS NOT EXCEEDING LIFE? Bennett v. State, — So. 2d-, 2001 WL 530477 (Fla. 1st DCA May 21, 2001); Vargas v. State, 789 So. 2d 1030 (Fla. 4th DCA 2001); Gaines v. State, — So. 2d -, 2001 WL 120122 (Fla. 1st DCA February 14, 2001); Knight v. State, 791 So. 2d 490 (Fla. 1st DCA) (opinion granting rehearing and certification, August 22, 2000); Brown v. State, — So. 2d-, 1999 WL 111…
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German Navarro v. State, 805 So. 2d 1047 (Fla. 3d DCA 2002)…by life imprisonment, the defendant fell within the terms of the “punishable by life” portion of the statute. Accordingly, the defendant’s sentence is proper and legal under the statute. In reaching this conclusion, we concur with Vargas v. State, 789 So. 2d 1030 (Fla. 4th DCA 2001); Knight v. State, 791 So. 2d 490 (Fla. 1st DCA), review granted, 796 So. 2d 537 (Fla.2001); Stabile v. State, 790 So. 2d 1235, 1239 (Fla. 5th DCA 2001); and [*1049] Brown v. State, 24 Fla. L. Weekly D2753, — So. 2d -, 1999 WL 111…
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Green v. State, 807 So. 2d 181 (Fla. 5th DCA 2002)…decision in Stabile v. State, 790 So. 2d 1235 (Fla. 5th DCA 2001), in which we certified to the supreme court a question already certified by several other districts. See, e.g., Navarro v. State, 805 So. 2d 1047 (Fla. 3d DCA 2002); Vargas v. State, 789 So. 2d 1030 (Fla. 4th DCA 2001) and Knight v. State, 791 So. 2d 490 (Fla. 1st DCA 2000). The Supreme Court of Florida has taken Knight for review and has now answered the question as we did in Stabile. Stabile, 790 So. 2d at 1238-39. AFFIRMED. PETERSON and…