Shaina Alston, Appellant, v. State of Florida, Appellee. (2016)

Shaina Alston, Appellant, v. State of Florida, Appellee.

No. 4D15–3902

Decided: December 14, 2016

Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

ON CONFESSION OF ERROR

The defendant argues her convictions and sentences on Counts V, VI, and VII for armed false imprisonment should be reversed because the record establishes she was unarmed. She argues the proper remedy is for the trial court to vacate the armed false imprisonment convictions, enter convictions for simple false imprisonment as third-degree felonies, and resentence her on those counts. She recognizes this remedy will not affect her ultimate prison term as she is still serving concurrent, ten-year prison sentences on Counts I through IV. The state confesses error. We agree.

Reversed and remanded for resentencing on Counts V, VI, VII.

PER CURIAM.

Ciklin, C.J., Warner and Gerber, JJ., concur.

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