[DOWNLOAD] "State v. Miranda" by Florida Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: State v. Miranda
• Author : Florida Court of Appeals
• Release Date : January 18, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 48 KB

Description

An appeal from the Circuit Court for Dade County, Richard V. Margolius, Judge. The State appeals the trial court's decision to sentence the Defendant, Andres Alexis Miranda, as an Habitual Felony Offender rather than as a Prison Releasee Reoffender. The State asserts that the trial court's refusal to impose an enhanced penalty pursuant to the Prison Releasee Reoffender Punishment Act (""PRRPA""), section 775.082(9)(a)(1), Florida Statutes (2000), was erroneous. 1 We disagree. In State v. Huggins, 26 Fla. L. Weekly S174 (Fla. Mar. 22, 2001), the Florida Supreme Court held that sentencing under the PRRPA was not applicable to the crime of burglary of an unoccupied dwelling. In the instant case Defendant was convicted of burglary of an unoccupied dwelling; hence, the PRRPA could not be used to enhance the sentence imposed. See Merson v. State, No. 3D00-1893 (Fla. 3d DCA June 20, 2001)(concluding that burglary of an unoccupied dwelling was not an enumerated offense under the PRRPA); See Roundtree v. State, 26 Fla. L. Weekly D1530 (Fla. 3d DCA June 20, 2001); Cruz-bertances v. State, 26 Fla. L. Weekly D1363 (Fla. 3d DCA May 30, 2001); Rodriguez v. State, 773 So. 2d 1222 (Fla. 3d DCA 2000).

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