KIRK MARIANO GUTIERREZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KIRK MARIANO GUTIERREZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
122 So. 3d 428
Florida District Court of Appeal, Second District (2013)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Kirk Mariano Gutierrez challenges his convictions and sentences for aggravated assault with a firearm and aggravated battery with great bodily harm. He raises three issues of which we find merit only in the third, an error on the sentencing document that the State concedes. The aggravated battery conviction, a second-degree felony, was erroneously listed as a first-degree felony. Accordingly, we affirm Mr. Gutierrez’s convictions and sentences but remand for correction of the sentencing documents.
Affirmed; remanded for correction as noted above.
ALTENBERND and NORTHCUTT, JJ., Concur.
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Massaro v. State, 127 So. 3d 690 (Fla. 4th DCA 2013)…132 S.Ct. 1399, 182 L.Ed.2d 379 (2012); Lafler v. Cooper, — U.S. -, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012)). Responding to this court’s order to show cause, the State does not argue that the motion is legally insufficient. Compare Gibson v. State, 122 So. 3d 428 (Fla. 4th DCA 2013). Rather, it points to the language within Alcorn that “courts are entitled to accept the defendant’s undisputed, yet self-serving, allegation that he would have taken the plea offer but for being misadvised on the proper statutor…
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Gibson v. State, 147 So. 3d 611 (Fla. 4th DCA 2014)…PER CURIAM. We reverse the trial court’s order summarily denying appellant’s rule 8.850 motion for postconviction relief. In Gibson v. State, 122 So. 3d 428 (Fla. 4th DCA 2018), we remanded a prior order that denied appellant’s motion without explanation or attachments. On remand, the State filed a response which argued that the motion failed to satisfy the pleading requirements of Alcorn v. State, 121…