ENRIQUE GARCIA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ENRIQUE GARCIA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
796 So. 2d 647
Florida District Court of Appeal, Third District (2001)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Upon the state’s proper confession of error, we reverse the denial of Enrique Garcia’s rule 3.800 motion for post conviction relief as to the habitual violent offender sentences imposed upon him for life felony convictions stemming from offenses committed before October 1, 1995. See Lamont v. State, 610 So. 2d 435 (Fla.1992); Omound v. State, 743 So. 2d 616 (Fla. 3d DCA 1999).
On remand, Garcia is to be re-sentenced on count three (kidnaping with a weapon) in case number 94-39224A, and count four (kidnaping with a weapon) in case number 94-39225. The balance of the order denying defendant’s rule 3.800(a) motion is affirmed.
Accordingly, we affirm the order in part, reverse in part and remand with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Garcia v. State, 847 So. 2d 582 (Fla. 3d DCA 2003)…imum sentence, or on some counts thirty years as an HVO with a fifteen-year mandatory minimum sentence. In subsequent proceedings, the defendant filed a motion to correct illegal sentence as to two counts in two of the 1994 cases. Garcia v. State, 796 So. 2d 647 (Fla. 3d DCA 2001). He now seeks the same relief with regard to other counts in those two 1994 cases, plus the remainder of his 1994 cases. The State concedes that the defendant is entitled to relief on a number of counts in the 1994 cases, but di…
Authorities Cited
- Lamont v. State, 610 So. 2d 435 (Fla. 1992)
- Williams v. Moore, 743 So. 2d 616 (Fla. 1st DCA 1999)