PRESTON JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2002-03-20
No. 3D01-3100
Before GREEN and SHEVIN, JJ., and NESBITT, Senior Judge.
811 So. 2d 815 Florida District Court of Appeal, Third District (2002) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Although the trial court properly denied defendant’s Rule 3.800 motion on the grounds asserted by defendant, the state commendably raises a meritorious sentencing error. The state correctly concedes that Lewis v. State, 789 So. 2d 974 (Fla.2001), and Grant v. State, 770 So. 2d 655 (Fla.2000), mandate that defendant’s habitual violent offender sentence be vacated. We, therefore, vacate the habitual violent offender portion of defendant’s sentence.

Sentence vacated, in part.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Stanford v. State, 833 So. 2d 174 (Fla. 3d DCA 2002)
    …at the improper gradation of the appellant’s conviction under Section 539.001(8)(b)8 may have influenced the trial court’s sentencing of the remaining conviction as well, we should remand this entire case for resentencing. See Lopez v. [*177] State, 811 So. 2d 815 (Fla. 2d DCA 2002); Mohn v. State, 723 So. 2d 873 (Fla. 2d DCA 1998). We therefore reverse the appellant’s second degree felony conviction and remand with instructions that it be reduced to a third degree felony conviction and that this entire cause…
  • Moreno v. State, 266 So. 3d 1246 (Fla. 4th DCA 2019)
    …ct scoresheet. Excluding the erroneously included .2 points would not have altered Appellant’s recommended guideline sentence of a non-prison sanction. While this in and of itself does not establish that the error was harmless, cf. Lopez v. State, 811 So. 2d 815, 816 (Fla. 2d DCA 2002), the court’s comments during sentencing establish that its sentence would have been the same with or without its consideration of the extra .2 points for the driver’s license offense, see Noa v. State, 199 So. 3d 1004, 1005 (…

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