DOMONIQUE SMITH v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed November 10, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1897
Lower Tribunal No. F00-10701
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Domonique Smith,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge.
Domonique Smith, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, LINDSEY and GORDO, JJ.
PER CURIAM.
Affirmed. State v. Hackley, 95 So. 3d 92, 94 (Fla. 2012) (“The plain
language of the burglary, assault, and PRR statutes leads us to conclude
that burglary of a conveyance with an assault is a qualifying PRR offense.
Because burglary of a conveyance with an assault is a felony that
necessarily involves the ‘threat by word or act to do violence to the person
of another,’ it falls within subsection (o) of the PRR statute, which covers
‘[a]ny felony that involves the use or threat of physical force or violence
against an individual.’” (quoting section 775.082(9)(a)1(o), Fla. Stat.
(2006))).
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