BROOKS v. STATE

No. 4D99-2646.

764 So.2d 676 (2000)

Tabitha BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 31, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


FARMER, J.

We affirm defendant's conviction for burglary of an unoccupied dwelling. The state adduced sufficient evidence of entry without permission to send the case to the jury.

Although defendant did not object to sentencing under the Prison Releasee Reoffender Act, sentencing under an improper statute that imposes harsher punishment than would be applied under the proper statute is fundamental error. Salters v. State, 758 So.2d...

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