Toro v. State

District Court of Appeal of Florida

Toro v. State

953 So. 2d 15, 2007 Fla. App. LEXIS 1969, 2007 WL 486618

CourtDistrict Court of Appeal of Florida

DecidedFebruary 16, 2007

DocketNo. 2D06-1470

StatusPublished

This text of 953 So. 2d 15 (Toro 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.

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Toro v. State, 953 So. 2d 15, 2007 Fla. App. LEXIS 1969, 2007 WL 486618 (Fla. Ct. App. 2007).

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Opinion

CANADY, Judge.

Danny Toro appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reject Toro’s claims regarding his habitual felony offender designation. However, based on the State’s concession of error, we reverse [16]*16and remand solely for the postconviction court to strike Toro’s three-year minimum mandatory term imposed on the kidnapping conviction.

Affirmed in part; reversed and remanded in part.

CASANUEVA and WALLACE, JJ„ Concur.

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CANADY, Judge.

Danny Toro appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reject Toro’s claims regarding his habitual felony offender designation. However, based on the State’s concession of error, we reverse [16]*16and remand solely for the postconviction court to strike Toro’s three-year minimum mandatory term imposed on the kidnapping conviction.

Affirmed in part; reversed and remanded in part.

CASANUEVA and WALLACE, JJ„ Concur.

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Bluebook (online)

953 So. 2d 15, 2007 Fla. App. LEXIS 1969, 2007 WL 486618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toro-v-state-fladistctapp-2007.