HECTOR ALFREDO UBILLA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-03-15
No. 3D05-976
Before GREEN, RAMIREZ, and SHEPHERD, JJ.
922 So. 2d 456 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Based upon the State’s proper confession of error, we remand this cause to the trial court for a determination of whether the appellant meets the requirements to be sentenced as a violent career criminal.

Remanded with instructions.


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Cited By

  • Ubilla v. State, 8 So. 3d 1200 (Fla. 3d DCA 2009)
    …conviction for attempted burglary could not be utilized as a qualifying predicate offense for a violent career sentence. Although these motions were denied, they were reversed on appeal following the State’s confession of error. See Ubilla v. State, 922 So. 2d 456 (Fla. 3d DCA 2006). On remand, the State again introduced evidence of four prior convictions for burglary of either unoccupied structures or of a conveyance. Two of these were treated as a single conviction since the sentences were imposed on the s…

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