KEVIN BURT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
KEVIN BURT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
791 So. 2d 594
Florida District Court of Appeal, Third District (2001)
Cited by 1 case
Opinion of the Court
PER CURIAM.
Pursuant to the State’s confession of error, we reverse the trial court’s order denying the defendant’s motion to correct illegal sentence and remand for resentencing. The State properly concedes that because the defendant was sentenced as a violent career criminal and committed his crimes on February 1, 1996, he has standing to challenge the law under which he was sentenced. See Salters v. State, 758 So. 2d 667, 671 (Fla.2000). Therefore, this cause is remanded for resentencing in accordance with the valid laws in effect on the date of the defendant’s offenses. See State v. Thompson, 750 So. 2d 643, 649 (Fla.1999); Lee v. State, 770 So. 2d 231, 232 (Fla. 3d DCA 2000).
Reversed and remanded for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Burt v. State, 931 So. 2d 1005 (Fla. 3d DCA 2006)
Authorities Cited
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- LEE v. State, 770 So. 2d 231 (Fla. 3d DCA 2000)