De La Portilla v. State

District Court of Appeal of Florida

De La Portilla v. State

2 So. 3d 1125, 2009 Fla. App. LEXIS 1496, 2009 WL 454543

District Court of Appeal of Florida·Decided February 25, 2009·No. 3D08-3146·Published·Cited by 1 cases

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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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.

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

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Opinion

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