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984 So. 2d 678

Docket No. 5D08-206.

Windom v. State

Timothy Lee WINDOM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2008-07-03

Cited by 17 later decisions — most recently August 2018

17 state decisions

Relies on Windisch v. State · 754 So. 2d 64 - Richardson v. Moore

Good law ✅— No negative treatment on recordhow we know

Decided 2008-07-03

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¶1Timothy L. Windom, Okeechobee, pro se.

¶2Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

¶3PER CURIAM.

¶4We, affirm, but remand for the limited, ministerial duty of correcting defendant's sentence on Count 1 by deleting the 10-year minimum mandatory, and by correcting the degree of the offense from a life felony to a first-degree felony punishable by life. As in Velez v. State,2008 WL 649479, 33 Fla. L. Weekly D721, ___ So.2d ___ (Fla. 3d DCA Mar 12, 2008), it is not necessary for the appellant to be present in person at the resentencing. See also Richardson v. Moore,754 So.2d 64, 65 (Fla. 3d DCA 2000); Windisch v. State,709 So.2d 606, 607 (Fla. 2d DCA 1998).

¶5AFFIRMED and REMANDED.

¶6PLEUS, MONACO and COHEN, JJ., concur.

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