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512 So. 2d 268

512 So.2d 268

12 Fla.L.Weekly 2110

Holt v. State

District Court of Appeal of Florida

Decided September 1, 1987

District Court of Appeal of Florida · decided 1987-09-01

Cited by 2 later decisions — most recently July 1992

2 state decisions

Relies on 470 So. 2d 58 - Lopez v. State · Plasencia v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-01

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PER CURIAM.

¶1The trial court summarily denied defendant Holt’s motion to vacate judgment and sentence pursuant to rule 3.850, Florida Rule of Criminal Procedure. In its response, the state concedes error in the adjudication and sentence as to the second degree murder conviction. We reverse. Finding that the trial court erred in describing the murder conviction as a life felony instead of a first-degree felony punishable by life imprisonment, § 775.087(1), Fla.Stat. (1983), and that this error was further compounded when the trial court enhanced the conviction in the absence of a verdict finding that defendant Holt carried the firearm, Cline v. State, 443 So.2d 1065 (Fla. 3d DCA 1984); Lopez v. State, 470 So.2d 58 (Fla. 3d DCA 1985), we reverse and remand for correction of the adjudication and resentencing, if appropriate. Defendant’s remaining points lack merit.

¶2Reversed and remanded.

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