GARDENER v. STATE (1997)

District Court of Appeal of Florida,Third District.

Curtis GARDENER, Appellant, v. The STATE of Florida, Appellee.

No. 96-2029.

Decided: January 08, 1997

Before SCHWARTZ, C.J., and JORGENSON and SHEVIN, JJ.

Curtis Gardener, in pro. per. Robert A. Butterworth, Attorney General, and Fleur J. Lobree, Assistant Attorney General, for appellee.

Defendant appeals from the trial court's denial of his motion to correct an unlawful sentence. Upon the State's proper confession of error, we reverse and remand for resentencing. A trial court may not impose a minimum mandatory sentence when sentencing a defendant as a habitual felony offender rather than a habitual violent felony offender. See Lamont v. State, 597 So.2d 823, 829 (Fla. 3d DCA), approved in pertinent part, 610 So.2d 435, 439 (Fla.1992).

Upon remand, the trial court may impose any lawful sentence originally available and give defendant the option to withdraw his plea and proceed to trial. See State v. Betancourt, 552 So.2d 1107 (Fla.1989).

Reversed and remanded with directions.

PER CURIAM.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law