Public-domain · open source
OpenJurist

685 So. 2d 1025

Gardener v. State

District Court of Appeal of Florida

Decided January 8, 1997

District Court of Appeal of Florida · decided 1997-01-08

Cited by 1 later decisions — most recently July 1999

1 state decisions

Relies on 552 So. 2d 1107 - State v. Betancourt · 610 So. 2d 435 - Lamont v. State · 597 So. 2d 823 - Lamont v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-01-08

View the full empirical analysis of this case →

PER CURIAM.

¶1Defendant appeals from the trial court’s denial of his motion to correct an unlawful sentence. Upon the State’s proper confession of eiTor, we reverse and remand for resentencing. A trial court may not impose a minimum mandatory sentence when sentencing a defendant as a habitual felony offender rather than a habitual violent felony offender. See Lamont v. State, 597 So.2d 823, 829 (Fla. 3d DCA), approved in pertinent part, 610 So.2d 435, 439 (Fla.1992).

¶2Upon remand, the trial court may impose any lawful sentence originally available and give defendant the option to withdraw his plea and proceed to trial. See State v. Betancourt, 552 So.2d 1107 (Fla.1989).

¶3Reversed and remanded with directions.

/685/so2d/1025 · .json · Public domain