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STATE v. HARRIS

No. 5D00-2393.

783 So.2d 371 (2001)

STATE of Florida, Appellant, v. Anderson Well HARRIS, Appellee.

District Court of Appeal of Florida, Fifth District.

May 4, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Lori E. Nelson, Assistant Attorney General, Daytona Beach, for appellant.

Sean G. Anderson, Merritt Island, for appellee.

W. SHARP, J.

The state appeals from an order rendered by the trial court on August 16, 2000, which concluded that section 775.082, the Prison Releasee Reoffender Act (PRR) could not be used to enhance a sentence for the offense of burglary of an unoccupied dwelling. We affirm.

The question of whether or not the PRR applies to burglaries of unoccupied dwellings was argued to the trial court below, and it specifically ruled that the PRR should not be used to...

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