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GONZALEZ v. STATE

No. 3D01-3330.

810 So.2d 1051 (2002)

Jesus GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 13, 2002.

Attorney(s) appearing for the Case

Jesus Gonzalez, in proper person.

Robert A. Butterworth, Attorney General and Barbara A. Zappi, Assistant Attorney General, for appellee.

Before GREEN and SHEVIN, JJ. and NESBITT, Senior Judge.

PER CURIAM.

Jesus Gonzalez appeals the denial of his Motion for Post Conviction Relief made pursuant to Rule 3.850, Fla. R.Crim. P., on several grounds, only one of which has merit as the State properly concedes. Gonzalez correctly argues that he was erroneously sentenced pursuant to the Prison Releasee Reoffender Act (PRR), Section 775.082, Fla. Stat. (1999), in that the mandatory 15 year sentence under the Act is inapplicable to the crime of burglary of an unoccupied...

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