RONALD J. BEAUDOIN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RONALD J. BEAUDOIN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
658 So. 2d 663
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
In accordance with the state’s candid and well-taken partial confession of error, the denial of rule 3.800 relief below is reversed as to the habitual offender sentence imposed upon the appellant for count three of the information, which charged a life felony. § 775.087(l)(a), Fla.Stat. (1993); see Lamont v. State, 610 So. 2d 435 (Fla.1992). The cause is remanded for resentencing as to that count alone. The order under review is otherwise affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carter v. State, 786 So. 2d 1173 (Fla. 2001)…gal sentence as set forth in its decision in Blakley because it is a sentence “no judge under the entire body of sentencing statutes could possibly inflict.” Austin, 756 So. 2d at 1081 (quoting Blakley, 746 So. 2d at 1186-87). In Beaudoin v. State, 658 So. 2d 663, 664 (Fla. 3d DCA 1995), the Third District likewise held, based on the State’s “candid and well-taken partial confession of error,” that habitualization for a life felony constitutes an illegal sentence requiring the denial of rule 3.800 relief to…1 / 2
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Weford v. State, 784 So. 2d 1222 (Fla. 3d DCA 2001)…ute, habitualization was not allowed for a life felony. Id. Accordingly, this cause is remanded for correction of the judgment and re-sentencing as to count two. See id.; Austin v. State, 756 So. 2d 1080, 1081 (Fla. 4th DCA 2000); Beaudoin v. State, 658 So. 2d 663 (Fla. 3d DCA 1995). The balance of the order denying defendant’s rule 3.800(a) motion is affirmed on several grounds. In Bover v. State, 732 So. 2d 1187 (Fla. 3d DCA), review granted, 743 So. 2d 508 (Fla.1999), this court held that rule 3.800(a) c…
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Austin v. State, 756 So. 2d 1080 (Fla. 4th DCA 2000)…-91. The instant case, however, does not involve a challenge to the sufficiency of the predicate offenses. The third district, which issued Bover, has itself granted relief under rule 3.800(a) for a claim such as Appellant’s, see Beaudoin v. State, 658 So. 2d 663 (Fla. 3d DCA), rev. denied, 664 So. 2d 248 (Fla.1995), and recently granted such relief in an analogous claim, that of improper habitualization for a drug possession charge when the statute does not allow such sentencing, see Marrero v. State, 741 S…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)