ANGEL DANIEL CARABALLO
v.
STATE OF FLORIDA
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Sentences that impose a life sentence without stating parole eligibility after the mandatory minimum term are illegal and must be corrected.
[1] A life sentence that fails to reflect the defendant's parole eligibility after completion of the mandatory minimum term is an illegal sentence subject to correction under…
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Join FLexlaw to unlock all legal intelligenceAngel Daniel Caraballo received life sentences on counts one and two without the sentences reflecting his parole eligibility after completing the 25-y…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2024-0099 Lower Tribunal No. 2007-CF-004511
ANGEL DANIEL CARABALLO, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Osceola County. Tanya Davis Wilson, Judge.
May 1, 2026
PER CURIAM.
Angel Daniel Caraballo appeals the trial court's order denying his rule 3.800(a) motion and argues that his sentences on counts one and two are illegal because both fail to reflect his parole eligibility. The State concedes error. We agree.
Therefore, we reverse the trial court's order denying Caraballo's motion and remand for the trial court to amend both the life sentence on count one and the life sentence on count two to state that Caraballo is eligible for parole after completing
the 25-year mandatory minimum term. Caraballo's presence is not required for those ministerial corrections.
REVERSED and REMANDED with instructions.
WOZNIAK, WHITE and GANNAM, JJ., concur.
Angel Daniel Caraballo, Avon Park, pro se.
James Uthmeier, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.