HALL v. STATE (2020)

ON CONCESSION OF ERROR

Austin Hall appeals the sentence imposed following his conviction of burglary of a dwelling with an assault or battery with a firearm (count 1).¹ The jury found Hall guilty and made a special finding that Hall actually possessed a firearm. Hall was sentenced to thirty-five years in prison with a twenty-five-year minimum mandatory. He contends, and the State concedes, that the twenty-five-year minimum mandatory is improper. Instead, pursuant to section 775.087(2)(a)1., Florida Statutes (2017), Hall should have received a ten-year minimum mandatory. We accept the State's concession.

We affirm Hall's convictions, but remand this matter to the trial court with directions that the sentencing documents be amended to reflect the thirty-five-year sentence with a ten-year minimum mandatory on count 1. Hall need not be present for resentencing.

AFFIRMED in part, REVERSED in part, and REMANDED.

FOOTNOTES

1.   Hall does not appeal his convictions or sentences for robbery with a firearm (count 2), or aggravated battery with a firearm or causing great bodily harm (count 3).

PER CURIAM.

ORFINGER, LAMBERT and SASSO, JJ., concur.