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CHRISTOPHER v. STATE

No. 2D00-5296.

821 So.2d 1275 (2002)

Matthew CHRISTOPHER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 2, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Anthony C. Musto, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Matthew Christopher challenges his conviction and sentence for burglary of a dwelling. We affirm the conviction without comment. We agree with Christopher's assertion that he should not have been sentenced under the Prison Releasee Reoffender Punishment Act (PRRPA), section 775.082(9)(a)(1)(q), Florida Statutes (2000). The information filed against Christopher charged that he burglarized a dwelling. It did not specify that the dwelling was occupied...

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