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965 So. 2d 1274

Docket No. 3D06-2714.

Acuna v. State

Ismenia ACUNA a/k/a Niurka Batista, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 10, 2007.

District Court of Appeal of Florida · decided 2007-10-10

Relies on 912 So. 2d 550 - Clines v. State · Mesa v. State

Decided 2007-10-10

¶1Ismenia Acuna a/k/a Niurka Batista, in proper person.

¶2Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee.

¶3Before GERSTEN, C.J., and GREEN and SHEPHERD, JJ.

¶4PER CURIAM.

¶5

CONFESSION OF ERROR

¶6Based on the State's proper confession of error, we reverse the trial court's order denying defendant's Florida Rule of Criminal Procedure 3.800(a) motion on ground one. On remand, the trial court shall consider Defendant's first point that she was sentenced in error as both a habitual felony offender and a violent career criminal. See Clines v. State,912 So.2d 550 (Fla. 2005); Mesa v. State,934 So.2d 523 (Fla. 3d DCA 2005).

¶7We affirm the order denying relief as to the second point.

¶8Affirmed in part; reversed in part.

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