RICO S. YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed that a prison releasee reoffender sentence for armed burglary of a conveyance is legal because armed burglary was a designated PRR offense at the time of the crime and remained so after a 2001 amendment.
A prison releasee reoffender sentence imposed for armed burglary of a conveyance is legal because armed burglary was a designated offense under the PRR statute both at the time of the offense and after subsequent amendments.
[1] Armed burglary of a conveyance qualifies as a prison releasee reoffender offense under Florida Statute § 775.082 and remains so after the 2001 amendment.
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Join FLexlaw to unlock all legal intelligenceRico Young was convicted of armed burglary of a conveyance in 1998 and received a prison releasee reoffender sentence. This was the third appeal of th…
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In this appeal of the denial of his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a), Rico Young claims that the prison releasee reoffender (PRR) sentence imposed for his 1998 offense of armed burglary of a conveyance is illegal. This is at least the third time that this court has considered and rejected this issue on appeal. See, e.g., Young v. State, 25 So.3d 1242 (Fla. 2d DCA 2009) (table); Young v. State, 976 So.2d 1115 (Fla. 2d DCA 2007) (table). We write only to explain briefly why the premise behind Mr. Young’s argument is unsound.
At the time Mr. Young committed his crime, the prison releasee reoffender statute designated armed burglary as an offense for which enhanced punishment could be imposed. See § 775.082(8)(a)(l)(p), Fla. Stat. (1997). A 2001 amendment to the statute did not affect that designation. See § 775.082(9)(a)(l)(p), Fla. Stat. (2001-2010). Accordingly, Mr. Young’s sentence *1023for armed burglary of a conveyance is legal under any version of the statute. Furthermore, Mr. Young’s arguments founded upon the illegality of PRR sentencing for burglary of an unoccupied dwelling or structure are fundamentally flawed-not only because he did not burglarize a dwelling or structure but also because he was armed during the commission of the offense.
Affirmed.
ALTENBERND and LaROSE, JJ., Concur.
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Brown v. State, 97 So. 3d 960 (Fla. 4th DCA 2012)…)(a)l.p„ Fla. Stat. (2001). Because armed burglary of a conveyance is a first degree felony punishable by life, the life sentence is legal. § 775.082(9)(a)3.a, Fla. Stat. (2001); McDonald v. State, 957 So. 2d 605, 612 (Fla.2007); see Young v. State, 54 So. 3d 1022 (Fla. 2d DCA 2011) (holding that defendant’s PRR sentence for armed burglary of a conveyance is legal). Second, the defendant argues that the PRR statute does not apply to his offense because he did not use the knife during the course of the burgla…
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Rivers v. State (Fla. 2d DCA 2019)…ha Ward, Judge. PER CURIAM. Affirmed. See § 775.082(9)(a)(1)(g), (9)(a)(1)(p), Fla. Stat. (2014); McDonald v. State, 957 So. 2d 605 (Fla. 2007); Knight v. State, 808 So. 2d 210 (Fla. 2002); State v. Roby, 246 So. 2d 566 (Fla. 1971); Young v. State, 54 So. 3d 1022 (Fla. 2d DCA 2011); Hillman v. State, 410 So. 2d 180 (Fla. 2d DCA 1982); Woodberry v. State, 193 So. 3d 5 (Fla. 4th DCA 2016); Brown v. State, 97 So. 3d 960 (Fla. 4th DCA 2012); Lopez v. State, 833 So. 2d 283 (Fla. 5th DCA 2002). VILLANTI, LUCAS, an…
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Rico S. Young v. State (Fla. 2d DCA 2022)…Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Mark Kiser, Judge. PER CURIAM. Affirmed. See Young v. State, 90 So. 3d 292 (Fla. 2d DCA 2012) (table decision); Young v. State, 54 So. 3d 1022 (Fla. 2d DCA 2011); Harris v. State, 777 So. 2d 994 (Fla. 2d DCA 2000); Brown v. State, 97 So. 3d 960 (Fla. 4th DCA 2012). KHOUZAM, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur. Opinion subject to revision prior to official publication.…