Abel Oliveros Reyes v. State Florida

Johnny Gordon appeals his conviction for burglary of an occupied dwelling. See § 810.02(3)(a), Fla. Stat. (1997). He argues that his conduct did not amount to burglary, because the victim invited him into her home. We affirm the conviction, because Gordon induced the victims invitation by fraud or trick. The state cross- appeals Gordons sentence, contending that the trial court was required to sentence Gordon as a prison releasee reoffender. We affirm the sentence, because the trial court sentenced Gordon as an habitual felony offender to a 20 year term on a second degree felony, so that the mandatory minimum sentence sought by the state did not apply.