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ROCK v. STATE

No. 3D00-1096.

800 So.2d 298 (2001)

Carlton ROCK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 31, 2001.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for appellee.

Before COPE, GODERICH, and RAMIREZ, JJ.

PER CURIAM.

Carlton Rock appeals his conviction and sentence for burglary of an unoccupied dwelling, arguing that he was improperly sentenced as a Prison Releasee Reoffender pursuant to section 775.082(9)(a)1, Florida Statutes (2000). Because burglary of an unoccupied dwelling does not qualify as a predicate offense for the imposition of a prisoner releasee reoffender sentence, we reverse.

Section 775.082(9)(a)1...

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