RUBEN GUEVARRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
RUBEN GUEVARRA, 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.
We reverse the summary denial of defendant’s motion for post-conviction relief upon the state’s confession that defendant’s plea, although voluntary, was not intelligently entered because he did not receive an explanation of the possibility and consequences of being sentenced as a habitual offender before accepting the plea. Furthermore, the state concedes that the defendant does not qualify as a habitual offender. Accordingly, we remand with directions to re-sentence defen dant under the sentencing guidelines, or permit him, if he chooses, to withdraw his plea.
Reversed and remanded with instructions.
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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…