CALLAHAN v. STATE (2021)

District Court of Appeal of Florida, Fifth District.

Duane Thomas CALLAHAN, Appellant, v. STATE of Florida, Appellee.

Case Nos. 5D20-1241, 5D20-1243

Decided: March 12, 2021

Duane Thomas Callahan, Chipley, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

Duane Thomas Callahan appeals the denial of his postconviction motions challenging his sentence after entering a negotiated plea. Callahan argues that the October 1, 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.

FOOTNOTES

1. We limit our review to Callahan's postconviction motions as framed.

PER CURIAM.

EVANDER, C.J., EDWARDS and EISNAUGLE, JJ., concur.

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