Acuna v. State
This text of 965 So. 2d 1274 (Acuna v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Ismenia ACUNA a/k/a Niurka Batista, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Ismenia Acuna a/k/a Niurka Batista, in proper person.
Bill McCollum, Attorney General, and Michael C. Greenberg, Assistant Attorney General, for appellee.
Before GERSTEN, C.J., and GREEN and SHEPHERD, JJ.
PER CURIAM.
CONFESSION OF ERROR
Based on the State's proper confession of error, we reverse the trial court's order denying defendant's Florida Rule of Criminal Procedure 3.800(a) motion on ground one. On remand, the trial court shall consider Defendant's first point that she was sentenced in error as both a habitual felony offender and a violent career criminal. See Clines v. State, 912 So.2d 550 (Fla. 2005); Mesa v. State, 934 So.2d 523 (Fla. 3d DCA 2005).
We affirm the order denying relief as to the second point.
Affirmed in part; reversed in part.
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Cite This Page — Counsel Stack
965 So. 2d 1274, 2007 WL 2935234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acuna-v-state-fladistctapp-2007.