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STATE v. DEHART

No. 2D04-2495.

913 So.2d 616 (2005)

STATE of Florida, Appellant, v. Ronald DEHART, Appellee.

District Court of Appeal of Florida, Second District.

March 30, 2005.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Amanda Lea Colón, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellee.

CASANUEVA, Judge.

The State appeals from the trial court's order striking the Prison Releasee Reoffender (PRR) designation from the defendant's sentence for burglary of a dwelling.1 After being sentenced under the PRR statute, Mr. Dehart filed a motion to correct his sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), contending that the dwelling he burglarized was unoccupied and thus he could not be sentenced as a Prison...

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