Home/District Court of Appeal of Florida/De La Portilla v. State

De La Portilla v. State

2 So. 3d 1125, 2009 Fla. App. LEXIS 1496, 2009 WL 454543
CourtDistrict Court of Appeal of Florida
DecidedFebruary 25, 2009
Docket3D08-3146
StatusPublished
Cited by1 cases

This text of 2 So. 3d 1125 (De La Portilla 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
De La Portilla v. State, 2 So. 3d 1125, 2009 Fla. App. LEXIS 1496, 2009 WL 454543 (Fla. Ct. App. 2009).

Opinion

PER CURIAM.

Eric De La Portilla (“defendant”) appeals the summary denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse because the trial court erred in finding that defendant’s conviction for battery on a law enforcement officer qualified for a violent career criminal sentence. See State v. Hearns, 961 So.2d 211 (Fla.2007). Accordingly, we reverse and remand to resentence defendant without the violent career criminal designation on the battery on a law enforcement officer count.

Reversed and remanded with instructions.

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Related

Benjamin v. State
20 So. 3d 945 (District Court of Appeal of Florida, 2009)

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Bluebook (online)
2 So. 3d 1125, 2009 Fla. App. LEXIS 1496, 2009 WL 454543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-la-portilla-v-state-fladistctapp-2009.