SAUNDERS v. STATE

No. 4D01-4770.

823 So.2d 829 (2002)

George SAUNDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 14, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Appellant, George Saunders, appeals the trial court order summarily denying his rule 3.800(a) motion to correct illegal sentence. In this motion, appellant alleged that his sentence under the Prison Releasee Reoffender Act, section 775.082(8)(a)1, Florida Statutes (1997), for burglary of a structure was illegal because the jury did not make an express finding that the burglary was of an occupied structure. This is required for sentencing under the Act...

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