Rodriguez v. Moore

District Court of Appeal of Florida

Rodriguez v. Moore

853 So. 2d 571, 2003 Fla. App. LEXIS 13156, 2003 WL 22047653

CourtDistrict Court of Appeal of Florida

DecidedSeptember 3, 2003

DocketNo. 3D02-2119

StatusPublished

This text of 853 So. 2d 571 (Rodriguez v. Moore) 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.

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Rodriguez v. Moore, 853 So. 2d 571, 2003 Fla. App. LEXIS 13156, 2003 WL 22047653 (Fla. Ct. App. 2003).

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Opinion

SHEVIN, Judge.

We grant defendant’s petition for writ of habeas corpus asserting that appellate counsel was ineffective for failing to challenge the predicate offenses relied on by the state to sentence defendant as a violent career criminal. A review of the record reveals, and the state properly concedes, that defendant’s sentence is illegal as defendant does not qualify for sentencing as a violent career criminal pursuant to section 775.084(d), Florida Statutes (1999). We therefore vacate defendant’s sentence and remand for resentencing according to the laws in effect at the time defendant’s crime was committed.

Sentence vacated and cause remanded.

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SHEVIN, Judge.

We grant defendant’s petition for writ of habeas corpus asserting that appellate counsel was ineffective for failing to challenge the predicate offenses relied on by the state to sentence defendant as a violent career criminal. A review of the record reveals, and the state properly concedes, that defendant’s sentence is illegal as defendant does not qualify for sentencing as a violent career criminal pursuant to section 775.084(d), Florida Statutes (1999). We therefore vacate defendant’s sentence and remand for resentencing according to the laws in effect at the time defendant’s crime was committed.

Sentence vacated and cause remanded.

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Bluebook (online)

853 So. 2d 571, 2003 Fla. App. LEXIS 13156, 2003 WL 22047653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-moore-fladistctapp-2003.