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HICKS v. STATE

No. 1D99-4117.

755 So.2d 815 (2000)

Michael Donnell HICKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 20, 2000.

Attorney(s) appearing for the Case

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, 751 So.2d 738 (Fla. 1st DCA 2000). We acknowledge that our holding on this point conflicts...

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