DOMINGO MERCADO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-07-22
No. 3D09-1773
Before GERSTEN, ROTHENBERG, and LAGOA, JJ.
13 So. 3d 1112 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 1 case
Topics
Qualifying Offense Statutory Amendment Unoccupied Dwelling Burglary Of An Unoccupied Dwelling

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Opinion of the Court
ROTHENBERG, J.

ROTHENBERG, J.

Domingo Mercado (“Mercado”) appeals the trial court’s order denying his motion to correct illegal sentences imposed in the eight cases listed above. The gravamen of Mercado’s complaint is the Prison Releas-ee Reoffender adjudications and resulting mandatory sentences imposed on each count of burglary of an unoccupied dwelling. Although Mercado correctly notes that the Florida Supreme Court in State v. Huggins, 802 So.2d 276 (Fla.2001), held that the Prison Releasee Reoffender statute did not apply to burglary of an unoccupied dwelling, his reliance on Huggins is misplaced as the Legislature amended the statute, effective July 1, 2001, to include burglary of an unoccupied dwelling as a qualifying offense under the statute. As Mercado’s crimes were all committed after July 1, 2001, the trial court correctly denied Mercado’s motion.

Affirmed.

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Cited By

  • McCLEESE v. State, 94 So. 3d 635 (Fla. 4th DCA 2012)
    …PER CURIAM. Affirmed. Shiflet v. State, 50 So. 3d 1153 (Fla. 4th DCA 2010); Mercado v. State, 13 So. 3d 1112 (Fla. 3d DCA 2009). WARNER, STEVENSON and TAYLOR, JJ., concur.…

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