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STATE v. ANDERSON

No. 3D00-1615.

781 So.2d 1173 (2001)

The STATE of Florida, Appellant, v. David ANDERSON, Appellee.

District Court of Appeal of Florida, Third District.

April 11, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Margaret A. Brenan, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Valerie Jonas, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and GODERICH and GREEN, JJ.

PER CURIAM.

The state appeals a sentencing order finding that the offense of attempted burglary of an unoccupied dwelling did not qualify the appellee for sentencing as a prison releasee reoffender pursuant to section 775.082(9)(a)l.q., Florida Statutes (Supp.1998). We affirm based upon the supreme court's holding in State v. Huggins, ___ So.2d ___, 2001 WL 278107 (Fla. March 22, 2001); see also Rodriguez v. State, 773 So.2d 1222

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