Q: My question is how can a charge of burglary of an UNOCCUPIED dwelling be considered a "PRR"?
A: Burglary of a Dwelling qualifies as a "Designated Felony" under Section 775.082 which is the PRR statute. There is no requirement that the dwelling be occupied. Occupation only comes into play if you are dealing with a structure other than a dwelling. The PRR statute will trigger a mandatory sentence of the statutory maximum for the crime committed. The person charged must have been released from a state prison within the preceding three years for the new offense to qualify for PRR treatment. PRR sentences do not qualify for "gain time" or early release but the person sentenced is entitled to credit for any time served in jail awaiting sentencing.
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