DUSTIN MARX, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-10-14
No. 99-1604
Before COPE, GODERICH, and FLETCHER, JJ.
762 So. 2d 528 Florida District Court of Appeal, Third District (1999) Negative Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon our examination of the record and review of the State’s confession of error, we reverse the lower court’s denial of post-conviction relief, and remand the case to the trial court for correction of the defendant Dustin Marx’s records to show 510 days credit for time served, and to direct the Department of Corrections to amend their records to reflect the same.

Reversed and remanded.


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  • NEW v. State, 807 So. 2d 52 (Fla. 2001)
    …court failed to recognize and exercise its discretion when it imposed his sentence. The trial court denied the motion as untimely. The First District Court of Appeal affirmed the trial court’s ruling, but certified conflict between Anthony v. State, 762 So. 2d 528 (Fla. 2d DCA 2000), which held that Hudson did not apply retroactively, and Crawford v. State, 735 So. 2d 514 (Fla. 3d DCA 1999), which applied Hudson retroactively. This Court has previously announced that a change in decisional law should not be…
  • Jones v. State, 760 So. 2d 1066 (Fla. 3d DCA 2000)
    …ion. This Court reversed that portion of the trial court’s order denying post-conviction relief and remanded to reconsider the minimum mandatory sentence as within its discretion, pursuant to Hudson. The only other case on point is Anthony v. State, 762 So. 2d 528 (Fla. 2d DCA 2000), with which Crawford is in conflict.1 We reverse that portion of the lower court’s order denying post-conviction relief and remand for the trial court to reconsider Jones’s minimum mandatory sentence as within its discretion purs…
    1 / 2
  • Bedford v. State, 780 So. 2d 903 (Fla. 2001)
    …LEWIS, J. We have for review the decision in Bedford v. State, 747 So. 2d 1054 (Fla. 5th DCA 2000), which certified conflict with the opinions in State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999), quashed, 762 So. 2d 528 (Fla.2000), and State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998), quashed, 769 So. 2d 345 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. Bedford challenges his sentence under the Prison Releasee Reoffender Act1 (the “Act”) o…

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