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Mann v. State

845 So. 2d 337, 2003 Fla. App. LEXIS 7493, 2003 WL 21175712
CourtDistrict Court of Appeal of Florida
DecidedMay 21, 2003
DocketNo. 3D03-194
StatusPublished

This text of 845 So. 2d 337 (Mann 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
Mann v. State, 845 So. 2d 337, 2003 Fla. App. LEXIS 7493, 2003 WL 21175712 (Fla. Ct. App. 2003).

Opinion

CONFESSION OF ERROR

PER CURIAM.

Based on appellee State of Florida’s confession of error filed in this cause, as well as our own independent review of the record, the sentence is reversed due to the trial court’s failure to justify the sentence of life imprisonment as a violent career criminal. See Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003). The case is remanded to the trial court to allow appellant Andrew Henry Mann to withdraw his plea, or for re-sentencing within the guidelines by a different judge, pursuant to Wilson v. State, 845 So.2d 142 (Fla.2003) (the record must rebut any presumption of vindictiveness).

Reversed and remanded.

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Related

Wilson v. State
845 So. 2d 142 (Supreme Court of Florida, 2003)
Smith v. State
842 So. 2d 1047 (District Court of Appeal of Florida, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
845 So. 2d 337, 2003 Fla. App. LEXIS 7493, 2003 WL 21175712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-state-fladistctapp-2003.