ISMENIA ACUNA A/K/A NIURKA BATISTA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ISMENIA ACUNA A/K/A NIURKA BATISTA, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
965 So. 2d 1274
Florida District Court of Appeal, Third District (2007)
Opinion of the Court
PER CURIAM.
CONFESSION OF ERROR
Based on the State’s proper confession of error, we reverse the trial court’s order denying defendant’s Florida Rule of Criminal Procedure 3.800(a) motion on ground one. On remand, the trial court shall consider Defendant’s first point that she was sentenced in error as both a habitual felony offender and a violent career criminal. See Clines v. State, 912 So. 2d 550 (Fla.2005); Mesa v. State, 934 So. 2d 523 (Fla. 3d DCA2005).
We affirm the order denying relief as to the second point.
Affirmed in part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Clines v. State, 912 So. 2d 550 (Fla. 2005)
- Mesa v. State, 934 So. 2d 523 (Fla. 3d DCA 2005)