Hicks v. State

Full title: MICHAEL DONNELL HICKS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Apr 20, 2000

755 So. 2d 815 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-4117.

Opinion filed April 20, 2000.

An appeal from Circuit Court for Escambia County, T. Michael Jones, Judge.

Nancy A. Daniels, Public Defender, and P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant in this direct criminal appeal raises two challenges to his prison releasee reoffender sentence. We reject both challenges.

We first reject his argument that a prison releasee reoffender sentence may not be imposed where the conviction is for burglary of an unoccupied dwelling. See Foresta v. State, 25 Fla. L. Weekly D498 (Fla. 1st DCA Feb. 21, 2000). We acknowledge that our holding on this point conflicts with the decision in State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA 1999).

We also reject the appellant's argument that the prison releasee reoffender statute is ex post facto as applied to him because, although his present crime was committed after the effective date of the prison releassee reoffender statute, he was released from prison prior to the effective date of the statute. See Chambers v. State, 752 So.2d 64 (Fla. 1st DCA Feb. 11, 2000).

AFFIRMED.

ALLEN, LAWRENCE and BENTON, JJ., CONCUR.