Dudley v. State
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
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ROOSEVELT DUDLEY,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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Opinion filed December 19, 2001.
Appeal from the Circuit Court for Pinellas
County; Douglas W. Baird, and Mark I.
Shames, Judges.
James Marion Moorman, Public Defender,
and Bruce P. Taylor, Assistant Public
Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General,
Tallahassee, and Cerese Crawford Taylor,
Assistant Attorney General, Tampa, for
Appellee.
SALCINES, Judge.
Case No. 2D00-5433
Roosevelt Dudley appeals his conviction and sentence for burglary of a
dwelling, a second-degree felony. We affirm, but write in order to avoid any future
confusion by the Department of Corrections concerning Dudley’s sentence.
At the sentencing hearing, the trial court found that Dudley qualified to be
sentenced as a prison releasee reoffender (PRR), pursuant to section 775.082(9)(a)(1),
Florida Statutes (2000). The written sentence provided that Dudley was to be incarcerated
for fifteen years; however, it did not indicate that he was to be sentenced as a PRR.
Because Dudley was found guilty of burglary of a dwelling, but the jury did not make a
determination that the dwelling was occupied, Dudley could not be sentenced as a PRR.
See Parker v. State, 26 Fla. L. Weekly D2223 (Fla. 2d DCA Sept. 14, 2001). The fifteenyear term of imprisonment was nonetheless legal and not a departure sentence pursuant to
the applicable provision of the criminal punishment code, section 921.002(1)(g), Florida
Statutes (2000). See Willingham v. State, 781 So. 2d 512 (Fla. 5th DCA 2001).
Affirmed.
WHATLEY, A.C.J., and CASANUEVA, J., Concur.
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