McCray v. State
The Fourth District affirmed a PRR sentence for burglary of an occupied conveyance with an assault, holding it qualifies as a PRR offense under section 775.082(9)(a)1.o. and the Florida Supreme Court's decision in Hackley v. State. The court remanded only for a ministerial correction to delete an erroneous reference to battery in the judgment and sentence. Judge Ciklin dissented, arguing that because burglary with assault or battery can be committed without actual force or violence, it should not qualify under the PRR catch-all provision, citing Tumblin, Crosley, and Ellis.
Key facts
- McCray was convicted of burglary of an occupied conveyance with an assault and sentenced as a PRR offender.
- The trial court imposed a PRR sentence under section 775.082(9)(a)1.o., relying on the offense as qualifying under the catch-all provision for crimes of violence.
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Why it matters
This opinion highlights an unresolved tension between the Florida Supreme Court's holding in Hackley (that burglary with assault qualifies as a PRR offense) and this district's own prior precedent in Tumblin, as well as… — full analysis with a trial
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