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GRANT v. STATE

No. 1D00-1929.

807 So.2d 658 (2001)

Andria Lanell GRANT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 25, 2002.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Carl S. McGinnes, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.

BROWNING, J.

Appellant was convicted of burglary of a dwelling that was unoccupied, and sentenced as a Prison Releasee Reoffender. The Florida Supreme Court has recently held the Prison Releasee Reoffender Act is not applicable to convictions of burglary of an unoccupied dwelling. See State v. Huggins, 802 So.2d 276 (Fla.2001). Accordingly, we reverse Appellant's sentence as a Prison Releasee Reoffender, and remand for resentencing...

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