5D00-3190 Kidwell v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-3190

Case Date: 07/02/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001

JOHN R. KIDWELL, Appellant, v. Case No. 5D00-3190 STATE OF FLORIDA, Appellee. / Opinion filed July 6, 2001 Appeal from the Circuit Court for Orange County, A. Thomas Mihok, Judge. James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. The Prison Releasee Reoffender Act is not applicable to a defendant who is convicted of burglary of an unoccupied dwelling. State v. Huggins, 26 Fla. L. Weekly S174 (Fla. March 22, 2001). REVERSED AND REMANDED FOR RESENTENCING.

COBB, SHARP, W. and HARRIS, JJ., concur.

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