Jones 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 JEFFREY JONES, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D01-4114 Opinion filed September 6, 2002. Appeal from the Circuit Court for Highlands County; J. David Langford, Judge. James Marion Moorman, Public Defender, and Howardene Garrett, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Jeffrey Jones challenges his prison releasee reoffender sentence imposed for his conviction for burglary of an unoccupied dwelling. As the State properly concedes, this sentence cannot stand in light of State v. Huggins, 802 So. 2d 276, 279 (Fla. 2001) (disapproving this court s decision in Medina v. State, 758 So. 2d 113 (Fla. 2d DCA 2000), and holding that the prison releasee reoffender act does not apply to convictions for burglary of an unoccupied dwelling). Therefore, we reverse Jones s sentence and remand for resentencing. Reversed and remanded. PARKER, SALCINES, and KELLY, JJ., Concur. -2-

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