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STATE v. CLARK

No. 5D00-393.

780 So.2d 977 (2001)

STATE of Florida, Appellant, v. Mickey Michael CLARK, Appellee.

District Court of Appeal of Florida, Fifth District.

March 9, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Budnar, Jr., Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellee.

SHARP, W., J.

The state appeals from the trial court's refusal to sentence Clark as a prison releasee reoffender because he committed the criminal offense of burglary of an unoccupied dwelling. The state asks this court to agree with the first and second district courts of appeal1 that burglary of a dwelling, whether or not occupied, is a qualifying offense under the Prison Releasee Reoffender...

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