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Barrientos v. State

1 So. 3d 383, 2009 Fla. App. LEXIS 856, 2009 WL 249206
CourtDistrict Court of Appeal of Florida
DecidedFebruary 4, 2009
Docket4D08-2693
StatusPublished

This text of 1 So. 3d 383 (Barrientos 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.

Bluebook
Barrientos v. State, 1 So. 3d 383, 2009 Fla. App. LEXIS 856, 2009 WL 249206 (Fla. Ct. App. 2009).

Opinion

PER CURIAM.

Eliezer Barrientos appeals an order denying his motion to correct an illegal sentence. We reverse and remand the matter to the trial court. We instruct the trial court to strike the three-year mandatory minimum portion of Barrientos’ thirty-year habitual offender prison sentence. See Fillmore v. State, 970 So.2d 452 (Fla. 4th DCA 2007); Banks v. State, 949 So.2d 353 (Fla. 4th DCA 2007). Barrientos need not be present when the trial court corrects the sentence. See Irons v. State, 851 So.2d 798 (Fla. 2d DCA 2003).

POLEN, STEVENSON and TAYLOR, JJ., concur.

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Related

Irons v. State
851 So. 2d 798 (District Court of Appeal of Florida, 2003)
Fillmore v. State
970 So. 2d 452 (District Court of Appeal of Florida, 2007)
Banks v. State
949 So. 2d 353 (District Court of Appeal of Florida, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
1 So. 3d 383, 2009 Fla. App. LEXIS 856, 2009 WL 249206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrientos-v-state-fladistctapp-2009.