Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MICHAEL DONNELL HICKS, Appellant, v. STATE OF FLORIDA, Appellee.

PER CURIAM.

The appellant in this direct criminal appeal raises two challenges to his prison releasee reoffender sentence. We reject both challenges.

We first reject his argument that a prison releasee reoffender sentence may not be imposed where the conviction is for burglary of an unoccupied dwelling. See Foresta v. State, 25 Fla. L. Weekly D498 (Fla. 1st DCA Feb. 21, 2000). We acknowledge that our holding on this point conflicts with the decision in State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA 1999).

We also reject the appellant's argument that the prison releasee reoffender statute is ex post facto as applied to him because, although his present crime was committed after the effective date of the prison releassee reoffender statute, he was released from prison prior to the effective date of the statute. See Chambers v. State, 752 So.2d 64 (Fla. 1st DCA Feb. 11, 2000).

AFFIRMED.

ALLEN, LAWRENCE and BENTON, JJ., CONCUR.

Use AI to get other relevant cases.

Comments

HICKS v. STATE
(Apr 20, 2000)