VICTOR JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VICTOR JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
851 So. 2d 785
Florida District Court of Appeal, Fourth District (2003)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant seeks review of an order that denied his rule 3.850 motion for post-conviction relief. Appellant challenged his sentence as illegal because there was no factual basis to support a finding that the starter pistol qualified as a firearm in support of the three year minimum mandatory sentence. We reverse and remand for the trial court to consider the merits of Appellant’s rule 3.850 motion challenging the factual basis for the imposition of his minimum mandatory sentence. See State v. Mancino, 705 So. 2d 1379, 1381 (Fla.1998); Evans v. State, 758 So. 2d 1282 (Fla. 3d DCA 2000).
FARMER, C.J., STEVENSON and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. Grove Apts., LLC, 976 So. 2d 582 (Fla. 3d DCA 2007)…nship. But a homeowner, like a landlord, has a non-delegable duty to use reasonable care in maintaining the premises in a reasonably safe condition, and to give invitees warning of any latent and concealed perils on the premises. See Smith v. Mayes, 851 So. 2d 785, 787-88 (Fla. 1st DCA 2003). As to these duties, our courts treat them the same. See, e.g., Wimbush v. Gaddis, 713 So. 2d 1107 (Fla. 4th DCA 1998) (stating that "[a]n owner of real property [here a landlord] is neither an insurer of the safety of pe…
Authorities Cited
- State v. Mancino, 705 So. 2d 1379 (Fla. 1998)
- Deangelo Andre Evans v. State, 758 So. 2d 1282 (Fla. 3d DCA 2000)