SHAW v. STATE

No. 5D08-3761.

26 So.3d 51 (2009)

Edward SHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 31, 2009.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Kathryn Rollison Radtke, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.


COHEN, J.

Edward Shaw challenges his sentence as a prison releasee reoffender ("PRR") for burglary of an occupied conveyance with an assault. Succinctly summarized, Shaw argues that he could not be sentenced as a PRR because the jury was not specifically instructed that it had to find he committed an assault during the burglary, and because burglary of an occupied conveyance is not a qualifying offense. We reject both these arguments and affirm.

Shaw's first...

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