DUANE THOMAS CALLAHAN
v.
STATE OF FLORIDA
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An October 1, 2019 amendment to section 812.014, Florida Statutes, applies retroactively to a defendant's sentence imposed after a negotiated plea.
[1] An amendment to a criminal statute that reduces penalties applies retroactively to sentences imposed before the amendment's effective date when the amendment is interpret…
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Join FLexlaw to unlock all legal intelligenceDuane Thomas Callahan entered a negotiated plea and was sentenced. He filed postconviction motions challenging his sentence based on the October 1, 20…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DUANE THOMAS CALLAHAN,
Appellant,
v. Case Nos. 5D20-1241 and
5D20-1243 STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 12, 2021
3.850 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge.
Duane Thomas Callahan, Chipley, pro se.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Duane Thomas Callahan appeals the denial of his postconviction motions challenging his sentence after entering a negotiated plea. Callahan
2
argues that the October1, 2019 amendment to section 812.014, Florida Statutes, applied retroactively to his case based on this court’s decision interpreting section 775.022(4), Florida Statutes, in Dean v. State, 303 So. 3d 257, 259 (Fla. 5th DCA 2020). The State correctly concedes error based on Dean. We therefore reverse and remand for resentencing unless the State elects to withdraw from the plea agreement.1 See Taylor v. State, 899 So. 2d 1191, 1193 (Fla. 1st DCA 2005). Given our disposition, we need not reach Callahan’s remaining arguments challenging his sentence.
REVERSED and REMANDED.
EVANDER, C.J., EDWARDS and EISNAUGLE, JJ., concur.