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932 So. 2d 1239

Miller v. State

District Court of Appeal of Florida · decided 2006-07-11

Cited by 7 later decisions — most recently November 2017

7 state decisions

Relies on Hemmy v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2006-07-11

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PER CURIAM.

¶1The appellant challenges the trial court’s order denying his Florida Rule of Criminal Procedure 3.800(a) motion. After being convicted of possession of a firearm by a convicted felon, a second-degree felony, and classified as a habitual violent felony offender, the appellant was sentenced to 30 years’ imprisonment with a 15-year minimum mandatory. The minimum mandatory portion of appellant’s sentence exceeds the 10-year minimum mandatory term authorized under section 775.084(4)(b)2, Florida Statutes (Supp.1996). Therefore, we reverse and remand with instructions to the trial court to correct this sentence to reflect a 10-year minimum mandatory. See Ruffin v. State, 835 So.2d 272 (Fla. 3rd DCA 2002) (remanding to the trial court to correct a sentence for second-degree felony as a habitual violent felony offender to reflect a 10-year minimum mandatory).

¶2The trial court’s order is otherwise affirmed.

¶3AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

ERVIN, WEBSTER, and HAWKES, JJ., concur.
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