Vernon v. State

Full title: DARREN J. VERNON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jun 8, 2001

786 So. 2d 1232 (Fla. Dist. Ct. App. 2001)

Opinion

No. 2D00-3870.

Opinion filed June 8, 2001.

Appeal from the Circuit Court for Pinellas County; John A. Schaefer; Judge.

James Marion Moorman, Public Defender, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Davis G. Anderson, Jr., Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Darren Vernon pleaded no contest to numerous crimes. At his sentencing hearing, and in this appeal, he argued that he could not be sentenced as a prison releasee reoffender for several burglaries, all of which were of unoccupied dwellings. Our supreme court agreed with his position in State v. Huggins, 744 So.2d 1215 (Fla. 2001). Accordingly we reverse his prison releasee reoffender sentences for the burglaries and remand for resentencing. We note that Vernon was also sentenced as a prison releasee reoffender for several counts of grand theft, grand theft of a motor vehicle and criminal mischief. None of these crimes qualifies a defendant for sentencing as a prison releasee reoffender. § 775.082, Fla. Stat. (1999). Those sentences are also reversed and remanded for resentencing.

PATTERSON, C.J., and DANAHY, PAUL W. (Senior) Judge, Concur.