Short v. State

District Court of Appeal of Florida

Short v. State

816 So. 2d 1224, 2002 Fla. App. LEXIS 7395, 2002 WL 1062238

CourtDistrict Court of Appeal of Florida

DecidedMay 29, 2002

DocketNo. 3D01-3473

StatusPublished

This text of 816 So. 2d 1224 (Short 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

Short v. State, 816 So. 2d 1224, 2002 Fla. App. LEXIS 7395, 2002 WL 1062238 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

This is a petition for belated appeal of an order denying appellant Larry Short’s motion to correct sentence. Appellee State of Florida properly concedes that Short’s sentence on his life felonies was illegal. See Lamont v. State, 610 So.2d 435 (Fla.1992); Lopez v. State, 716 So.2d 301 (Fla. 3d DCA 1998). Short committed his crimes on October 15, 1991, prior to the effective date of the statute which allowed habitualization for life felonies.

We therefore grant the belated appeal and reverse the order denying the motion to correct illegal sentence. We appoint [1225]*1225the public defender to address the sentencing issue and any other meritorious points on Short’s behalf on remand. Short would have a right to be present for resentenc-ing.

Reversed and remanded.

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PER CURIAM.

This is a petition for belated appeal of an order denying appellant Larry Short’s motion to correct sentence. Appellee State of Florida properly concedes that Short’s sentence on his life felonies was illegal. See Lamont v. State, 610 So.2d 435 (Fla.1992); Lopez v. State, 716 So.2d 301 (Fla. 3d DCA 1998). Short committed his crimes on October 15, 1991, prior to the effective date of the statute which allowed habitualization for life felonies.

We therefore grant the belated appeal and reverse the order denying the motion to correct illegal sentence. We appoint [1225]*1225the public defender to address the sentencing issue and any other meritorious points on Short’s behalf on remand. Short would have a right to be present for resentenc-ing.

Reversed and remanded.

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Bluebook (online)

816 So. 2d 1224, 2002 Fla. App. LEXIS 7395, 2002 WL 1062238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-state-fladistctapp-2002.

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