MARIO OLANZO RIVERA, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
MARIO OLANZO RIVERA, PETITIONER,
THE STATE OF FLORIDA, RESPONDENT
758 So. 2d 1270
Florida District Court of Appeal, Third District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We deny the petitioner’s, Mario Olanzo Rivera, petition for writ of habeas corpus. However, in light of the fact that he was sentenced under guidelines which the supreme court has found to be unconstitutional, see Heggs v. State, 759 So. 2d 620 (Fla.2000), we remand with directions that the petitioner be resentenced pursuant to the guidelines which were valid at the time that he committed the offenses. See also Gomez v. State, 756 So. 2d 259 (Fla. 3d DCA 2000); Ramirez v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000); Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000).
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Valentin v. State, 963 So. 2d 317 (Fla. 5th DCA 2007)…nal episode. We agree and remand for resentencing in accordance with this opinion. Because this corrected sentence has no impact on the term of Johnson’s incarceration, he need not be present at resen-tencing.”) (citation omitted); Simmons v. State, 758 So. 2d 1270, 1270 (Fla. 3d DCA 2000) (“Defendant need not be present at the resentencing, and we reject the defendant’s argument that he is entitled to be present. In view of defendant’s other life sentences, this amounts to a technical correction on count twel…
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Safeco Ins. Co. OF Ill. v. Beare, 152 So. 3d 614 (Fla. 4th DCA 2014)…aim in state court and losing its right of removal to federal court if the bad faith claim is not severed and dismissed from this suit. It claims that the court departed from the essential requirements of law because Vest v. Travelers Insurance Co., 758 So. 2d 1270, 1276 (Fla.2000), holds that a first party bad faith claim filed prior to determination of liability and damages under the contract between the insurer and insured is not ripe and should be dismissed as premature. In Williams v. Oken, 62 So. 3d 112…
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Adams v. State, 831 So. 2d 821 (Fla. 3d DCA 2002)…e first degree murder charge was first degree murder with a firearm. He reasons that the reduced charge must have been second degree murder with a firearm, a life felony. See Thomas v. State, 822 So. 2d 561, 562 (Fla. 3d DCA 2002); Simmons v. State, 758 So. 2d 1270 (Fla. 3d DCA 2000). For the defendant’s crime date of March 31, 1996, habitualization was not permissible for a life felony. See Salters v. State, 758 So. 2d 667 (Fla.2000); Lamont v. State, 610 So. 2d 435 (Fla.1992); Martin v. State, 795 So. 2d 143…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000)
- Gomez v. State, 756 So. 2d 259 (Fla. 3d DCA 2000)
- Rudolfo Ramirez v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000)
- Wilbon v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000)
- Case v. The City OF Miami, 756 So. 2d 259 (Fla. 3d DCA 2000)