Public-domain · open source
OpenJurist

796 So. 2d 647

Garcia v. State

District Court of Appeal of Florida

Decided October 24, 2001

District Court of Appeal of Florida · decided 2001-10-24

Cited by 1 later decisions — most recently June 2003

1 state decisions

Relies on 610 So. 2d 435 - Lamont v. State · Omound v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-24

View the full empirical analysis of this case →

¶1CONFESSION OF ERROR

PER CURIAM.

¶2Upon the state’s proper confession of error, we reverse the denial of Enrique Garcia’s rule 3.800 motion for post conviction relief as to the habitual violent offender sentences imposed upon him for life felony convictions stemming from offenses committed before October 1, 1995. See Lamont v. State, 610 So.2d 435 (Fla.1992); Omound v. State, 743 So.2d 616 (Fla. 3d DCA 1999).

¶3On remand, Garcia is to be re-sentenced on count three (kidnaping with a weapon) in case number 94-39224A, and count four (kidnaping with a weapon) in case number 94-39225. The balance of the order denying defendant’s rule 3.800(a) motion is affirmed.

¶4Accordingly, we affirm the order in part, reverse in part and remand with instructions.

/796/so2d/647 · .json · Public domain