Mincey v. State

District Court of Appeal of Florida

Mincey v. State

688 So. 2d 1037, 1997 Fla. App. LEXIS 2521, 1997 WL 121175

Procedural entryThis page is a short order in Mincey v. State. Read the opinion of the Court — 684 So. 2d 236 →

District Court of Appeal of Florida·Decided March 19, 1997·No. No. 95-3658·Published

Opinion

. PER CURIAM.

Upon the state’s proper confession of error, we reverse that portion of the defen[1038]*1038dant s sentence which imposed a consecutive three year minimum mandatory prison term pursuant to section 778.087, Florida Statutes (1995), to the fifteen year minimum mandatory sentence imposed on the defendant pursuant to section 778.084(4), Florida Statutes (1995), the Habitual Violent Offender Statute.

We remand this cause with directions to the trial court to resentence the defendant so that the three year minimum mandatory sentence shall be served concurrently with the fifteen year sentence.

Reversed and remanded.

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. PER CURIAM.

Upon the state’s proper confession of error, we reverse that portion of the defen[1038]*1038dant s sentence which imposed a consecutive three year minimum mandatory prison term pursuant to section 778.087, Florida Statutes (1995), to the fifteen year minimum mandatory sentence imposed on the defendant pursuant to section 778.084(4), Florida Statutes (1995), the Habitual Violent Offender Statute.

We remand this cause with directions to the trial court to resentence the defendant so that the three year minimum mandatory sentence shall be served concurrently with the fifteen year sentence.

Reversed and remanded.

Mincey v. State, 688 So. 2d 1037, 1997 Fla. App. LEXIS 2521, 1997 WL 121175 (Fla. Ct. App. 1997).

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