Hernandez v. State

21 So. 3d 106, 2009 Fla. App. LEXIS 15807, 2009 WL 3365615

Opinion

COPE, J.

This is an appeal of an order denying a motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm.

According to the motion, defendant-appellant Hernandez entered a plea to the offense of burglary of an unoccupied dwelling, and was sentenced to fifteen years as a Prison Releasee Reoffender (“PRR”). The crime date was October 8, 2004. The defendant contends that burglary of an unoccupied dwelling is not a qualifying offense for purposes of the PRR statute.

The trial court was entirely correct in denying the claim. The PRR statute was amended in 2001 so that burglary of a dwelling, whether occupied or unoccupied, is a qualifying offense. Ch. 2001-239, § 1, Laws of Fla.; Tumblin v. State, 965 So.2d 354, 355 (Fla. 4th DCA 2007); Bradshaw v. State, 891 So.2d 1184, 1184 n. 1 (Fla. 2d DCA 2005). The statutory version applicable to this defendant is section 775.082(9)(a)1.2., Florida. Statutes (2004).

Affirmed.