Plain v. State

District Court of Appeal of Florida

Plain v. State

141 So. 3d 696, 2014 WL 2862636, 2014 Fla. App. LEXIS 9561

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 2014

DocketNo. 4D14-434

StatusPublished

Cited by1 cases

This text of 141 So. 3d 696 (Plain v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Plain v. State, 141 So. 3d 696, 2014 WL 2862636, 2014 Fla. App. LEXIS 9561 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

We reverse the trial court’s denial of appellant’s motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant committed his burglary offense in 1997 before the legislature superseded the holding of State v. Huggins, 802 So.2d 276 (Fla.2001). See Shiflet v. State, 50 So.3d 1153 (Fla. 4th DCA 2010). The jury made no finding that the dwelling was occupied, and the jury’s failure to make that finding was not harmless under the circumstances of this case. Appellant has demonstrated that his mandatory life sentence as a prison release reoffender for burglary of a dwelling with an assault or battery is illegal. Suffield v. State, 132 So.3d 333, 333 (Fla. 4th DCA 2014); Tumblin v. State, 965 So.2d 354, 356 (Fla. 4th DCA 2007). We remand for resentencing.

Reversed and Remanded for Resentenc-ing.

DAMOORGIAN, C.J., MAY and FORST, JJ., concur.

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PER CURIAM.

We reverse the trial court’s denial of appellant’s motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant committed his burglary offense in 1997 before the legislature superseded the holding of State v. Huggins, 802 So.2d 276 (Fla.2001). See Shiflet v. State, 50 So.3d 1153 (Fla. 4th DCA 2010). The jury made no finding that the dwelling was occupied, and the jury’s failure to make that finding was not harmless under the circumstances of this case. Appellant has demonstrated that his mandatory life sentence as a prison release reoffender for burglary of a dwelling with an assault or battery is illegal. Suffield v. State, 132 So.3d 333, 333 (Fla. 4th DCA 2014); Tumblin v. State, 965 So.2d 354, 356 (Fla. 4th DCA 2007). We remand for resentencing.

Reversed and Remanded for Resentenc-ing.

DAMOORGIAN, C.J., MAY and FORST, JJ., concur.

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Bluebook (online)

141 So. 3d 696, 2014 WL 2862636, 2014 Fla. App. LEXIS 9561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plain-v-state-fladistctapp-2014.

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