¶1 Eliezer Barrientos appeals an order denying his motion to correct an illegal sentence. We reverse and remand the matter to the trial court. We instruct the trial court to strike the three-year mandatory minimum portion of Barrientos’ thirty-year habitual offender prison sentence. See Fillmore v. State, 970 So.2d 452 (Fla. 4th DCA 2007); Banks v. State, 949 So.2d 353 (Fla. 4th DCA 2007). Barrientos need not be present when the trial court corrects the sentence. See Irons v. State, 851 So.2d 798 (Fla. 2d DCA 2003).
1 So. 3d 383
Barrientos v. State
District Court of Appeal of Florida
Decided February 4, 2009
District Court of Appeal of Florida · decided 2009-02-04
Cited by 4 later decisions — most recently March 2019
4 state decisions
Relies on School Board of Broward County v. Mr. Electric & Associates, Inc. · 851 So. 2d 798 - Irons v. State · 970 So. 2d 452 - Fillmore v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2009-02-04
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