Plain v. State, 141 So. 3d 696 (Fla. 4th DCA 2014). · Go Syfert
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Plain v. State, 141 So. 3d 696 (Fla. 4th DCA 2014). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Robert E. Fratcher v. State of Florida (fladistctapp, 2016-05-11)
Top citers, strongest first. 2 distinct citers.
discussed Cited as authority (rule) Robert E. Fratcher v. State of Florida
Fla. Dist. Ct. App. · 2016 · confidence medium
Plain v. State, 141 So.3d 696, 696 (Fla. 4th DCA 2014); Suffield v. State, 132 So.3d 333, 334 (Fla. 4th DCA 2014); Tumblin v. State, 965 So.2d 354, 356 (Fla. 4th DCA 2007); see also Ellis v. State, 135 So.3d 478, 480 (Fla. 2d DCA 2014); Santiago v. State, 76 So.3d 1027, 1031 (Fla. 3d DCA 2011).
cited Cited "see" Rodriguez v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Palmer v. State, 141 So.3d 696, 697 (Fla. 2d DCA 2014).
Joe PLAIN
v.
STATE of Florida
No. 4D14-434.
District Court of Appeal of Florida, Fourth District.
Jun 25, 2014.
141 So. 3d 696
Joe Plain, Okeechobee, pro se., Pamela Jo Bondi, Attorney General, Tallahassee, and Angela E. Noble, Assistant Attorney General, West Palm Beach, for appellee.
Damoorgian, Forst.
Cited by 1 opinion  |  Published
PER CURIAM.

We reverse the trial court’s denial of appellant’s motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Appellant committed his burglary offense in 1997 before the legislature superseded the holding of State v. Huggins, 802 So.2d 276 (Fla.2001). See Shiflet v. State, 50 So.3d 1153 (Fla. 4th DCA 2010). The jury made no finding that the dwelling was occupied, and the jury’s failure to make that finding was not harmless under the circumstances of this case. Appellant has demonstrated that his mandatory life sentence as a prison release reoffender for burglary of a dwelling with an assault or battery is illegal. Suffield v. State, 132 So.3d 333, 333 (Fla. 4th DCA 2014); Tumblin v. State, 965 So.2d 354, 356 (Fla. 4th DCA 2007). We remand for resentencing.

Reversed and Remanded for Resentenc-ing.

DAMOORGIAN, C.J., MAY and FORST, JJ., concur.