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State v. John

816 So. 2d 1270, 2002 Fla. App. LEXIS 8230, 2002 WL 1285127
CourtDistrict Court of Appeal of Florida
DecidedJune 12, 2002
DocketNo. 3D01-2409
StatusPublished

This text of 816 So. 2d 1270 (State v. John) 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
State v. John, 816 So. 2d 1270, 2002 Fla. App. LEXIS 8230, 2002 WL 1285127 (Fla. Ct. App. 2002).

Opinion

CONFESSION OF ERROR

PER CURIAM.

Based upon the appellee’s appropriate Confession of Error, the sentence imposed in this case must be reversed because the trial court improperly waived the minimum mandatary sentence, required by Section 893.135(l)(b)l.b., Florida Statutes, over the objection of the State. Since the sentence entered was a condition of a plea of guilty, this cause must be remanded to the trial court with directions to vacate the sentence and permit the defendant to withdraw his plea. See State v. Ross, 447 So.2d 1380 (Fla. 4th DCA 1984).

Reversed and remanded with directions.

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Related

State v. Ross
447 So. 2d 1380 (District Court of Appeal of Florida, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
816 So. 2d 1270, 2002 Fla. App. LEXIS 8230, 2002 WL 1285127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-john-fladistctapp-2002.