DEMETRIUS JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
DEMETRIUS JOHNSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
934 So. 2d 482
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 3 cases
Opinion of the Court
[*483] CONFESSION OF ERROR
PER CURIAM.
Based upon the state’s proper confession of error, we reverse the denial of Defendant’s 3.800 motion and remand for sentencing. At the time of the offense the defendant could not be sentenced as a habitual offender for a life felony. Martin v. State, 795 So. 2d 143 (Fla. 3d DCA 2001). As the State confesses, the Defendant should be re-sentenced for the life felony in count three pursuant to the laws in effect at the time of his offense. Green v. State, 810 So. 2d 1101 (Fla. 1st DCA 2002).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State, 273 So. 3d 1029 (Fla. 3d DCA 2019)…d DCA 1999). Johnson filed a Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence pertaining to his sentencing on count 3, and this Court, upon the State’s confession of error, remanded for resentencing in Johnson v. State, 934 So. 2d 482 (Fla. 3d DCA 2004). The trial court resentenced Johnson to three years on count 3, to run concurrently with his thirty-year sentence. Since his conviction, Johnson has filed numerous post-conviction motions and petitions in the trial court, and…1 / 2
-
Johnson v. State, 2017 WL 1908372 (Fla. 3d DCA 2019)…d DCA 1999). Johnson filed a Florida Rule of Criminal Procedure 3.800 motion to correct illegal sentence pertaining to his sentencing on count 3, and this Court, upon the State’s confession of error, remanded for resentencing in Johnson v. State, 934 So. 2d 482 (Fla. 3d DCA 2004). The trial court resentenced Johnson to three years on count 3, to run concurrently with his thirty-year sentence. Since his conviction, Johnson has filed numerous post-conviction motions and petitions in the trial court, and a…1 / 2
Authorities Cited
- Martin v. State, 795 So. 2d 143 (Fla. 3d DCA 2001)
- Nationwide Mut. Ins. Co. v. Waters, 810 So. 2d 1101 (Fla. 1st DCA 2002)
- Green v. State, 810 So. 2d 1101 (Fla. 1st DCA 2002)