¶2Upon the State’s proper confession of error, we reverse the denial of defendant’s 3.800 motion and remand for resentencing. See Wick v. State, 651 So.2d 765 (Fla. 3d DCA 1995)(combination of probation and prison term must not exceed statutory maximum); see also Martell v. State, 676 So.2d 1030, 1031 (Fla. 3d DCA 1996)(Rule 3.850, not Rule 3.800 is “the proper means to challenge a court’s failure to order a presentence investigation”).
750 So. 2d 782
Bridges v. State
District Court of Appeal of Florida
Decided March 8, 2000
District Court of Appeal of Florida · decided 2000-03-08
Relies on 676 So. 2d 1030 - Martell v. State · 651 So. 2d 765 - Wick v. State
Decided 2000-03-08