AUSTIN HALL
v.
STATE OF FLORIDA
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Austin Hall appeals his sentence for burglary of a dwelling with assault or battery with a firearm. The State conceded that the sentencing court applied an improper minimum mandatory sentence, and the appellate court accepted this concession and remanded for correction of the minimum mandatory from twenty-five years to ten years.
The court held that Hall was sentenced improperly and should have received a ten-year minimum mandatory sentence pursuant to section 775.087(2)(a)1., Florida Statutes (2017). The court affirmed the conviction but reversed the sentencing portion and remanded for correction of the minimum mandatory term.
“Hall contends, and the State concedes, that the twenty-five-year minimum mandatory is improper. Instead, pursuant to section 775.087(2)(a)1., Florida Statutes (2017), Hall should have received a ten-year minimum mandatory.”
Establishes that the State conceded error regarding the minimum mandatory sentence and identifies the correct statutory provision.
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Join FLexlaw to unlock all legal intelligenceAustin Hall was convicted by jury of burglary of a dwelling with assault or battery with a firearm (count 1) and additionally convicted of robbery wit…
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PER CURIAM.
Austin Hall appeals the sentence imposed following his conviction of burglary of a dwelling with an assault or battery with a firearm (count 1).1 The jury found Hall guilty and made a special finding that Hall actually possessed a firearm. Hall was sentenced to thirty-five years in prison with a twenty-five-year minimum mandatory. He contends, and the State concedes, that the twenty-five-year minimum mandatory is improper. Instead, pursuant to section 775.087(2)(a)1., Florida Statutes (2017), Hall should have received a ten-year minimum mandatory. We accept the State’s concession.
We affirm Hall’s convictions, but remand this matter to the trial court with directions that the sentencing documents be amended to reflect the thirty-five-year sentence with a ten-year minimum mandatory on count 1. Hall need not be present for resentencing.
AFFIRMED in part, REVERSED in part, and REMANDED.
ORFINGER, LAMBERT and SASSO, JJ., concur. 1 Hall does not appeal his convictions or sentences for robbery with a firearm (count 2), or aggravated battery with a firearm or causing great bodily harm (count 3). 2