HAROLD MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant challenges the trial court’s order denying his Florida Rule of Criminal Procedure 3.800(a) motion. After being convicted of possession of a firearm by a convicted felon, a second-degree felony, and classified as a habitual violent felony offender, the appellant was sentenced to 30 years’ imprisonment with a 15-year minimum mandatory. The minimum mandatory portion of appellant’s sentence exceeds the 10-year minimum mandatory term authorized under section 775.084(4)(b)2, Florida Statutes (Supp.1996). Therefore, we reverse and remand with instructions to the trial court to correct this sentence to reflect a 10-year minimum mandatory. See Ruffin v. State, 835 So. 2d 272 (Fla. 3rd DCA 2002) (remanding to the trial court to correct a sentence for second-degree felony as a habitual violent felony offender to reflect a 10-year minimum mandatory).
The trial court’s order is otherwise affirmed.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
ERVIN, WEBSTER, and HAWKES, JJ., concur.
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Schriber v. State, 959 So. 2d 1254 (Fla. 4th DCA 2007)…ition to this court’s decision in Padgett, other district courts have specifically held that a defendant is entitled to court-appointed counsel to advise and assist him in preparing his rule 3.170(Z) motion to withdraw his plea. See Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006); Banks v. State, 927 So. 2d 169 (Fla. 1st DCA 2006); Norman v. State, 897 So. 2d 553 (Fla. 1st DCA 2005); Smith v. State, 849 So. 2d 485 (Fla. 2d DCA 2003); Meeks v. State, 841 So. 2d 648 (Fla. 2d DCA 2003); Wofford v. State, 819…
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Searcy v. State, 971 So. 2d 1008 (Fla. 3d DCA 2008)…s); see also Schriber v. [*1012] State, 959 So. 2d 1254 (Fla. 4th DCA 2007) (holding that the 30-day window provided by Rule 3.170(Z) is a critical stage requiring counsel to assist in preparing the initial motion to withdraw plea); Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006) (providing that once a defendant indicates his desire to avail himself of Rule 3.170(Z), the trial court must appoint conflict-free counsel to advise and assist); Norman v. State, 897 So. 2d 553 (Fla. 1st DCA 2005) (same); Smith…
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Williams v. State, 959 So. 2d 830 (Fla. 4th DCA 2007)…; Whiting v. State, 929 So. 2d 673 (Fla. 5th DCA 2006). This distinction is not easy to enforce. See Bermudez v. State, 901 So. 2d 981 (Fla. 4th DCA 2005). The motion often requires the appointment of new, conflict-free counsel. See Mosley v. State, 932 So. 2d 1239 (Fla. 1st DCA 2006). The rule does not contain the procedural specificity of rule 3.850 and has generated a number of reversals on appeal for failure to fulfill all procedural requirements. Although rule 3.850 does not expressly state that a motion…
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- Hemmy v. State, 835 So. 2d 272 (Fla. 2d DCA 2001)