GRAHAM v. STATE

No. 2D00-3884.

813 So.2d 248 (2002)

Todd J. GRAHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 10, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jennifer R. Haymes, Assistant Attorney General, Tampa, for Appellee.


GREEN, Judge.

Appellant, Todd J. Graham, was sentenced as a prison releasee reoffender based on his negotiated plea of nolo contendere to the charge of burglary of a dwelling in violation of section 810.02(3), Florida Statutes (1999). The information did not specify, nor does the record indicate, whether the dwelling was occupied or unoccupied at the time of the burglary.

Based on case precedent at the time of sentencing, Mr. Graham received a fifteen-year...

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