Opinion
No. SC00-17.
April 11, 2002.
Application for Review of the Decision of the District Court of Appeal — Certified Direct, Conflict Fourth District — Case Nos. 4D99-0008 4D99-0009 (Palm Beach County).
Robert A. Butterworth, Attorney General, Celia Terenzio, Bureau Chief, West Palm Beach, and Don M. Rogers, Assistant Attorney General, West Palm Beach, FL, for Petitioner.
Carey Haughwout, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, FL, for Respondent.
We have for review the decision of the Fourth District Court of Appeal in State v. Morales, 751 So.2d 69 (Fla. 4th DCA 1999), which cited to the court's earlier opinion in State v. Huggins, 744 So.2d 1215 (Fla. 4th DCA 1999), approved, 802 So.2d 276 (Fla. 2001), and certified conflict with the decision in State v. White, 736 So.2d 1231 (Fla. 2d DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
The State raises one issue, i.e., that the Prison Releasee Reoffender Punishment Act (PRRP) applies to the crime of burglary of an unoccupied dwelling. We disagree and approve the decision of the Fourth District Court of Appeal in Morales for the reasons set forth in State v. Huggins, 802 So.2d 276 (Fla. 2001).
It is so ordered.
SHAW, HARDING, and ANSTEAD, JJ., concur.
LEWIS, J., dissents with an opinion, in which WELLS, C.J., concurs.
PARIENTE, J., recused.
I respectfully dissent for the reasons stated in my dissenting opinion, and for the reasons set forth in the dissenting opinion of Chief Justice Wells, in State v. Huggins, 802 So.2d 276 (Fla. 2001).
WELLS, C.J., concurs.