Bridges v. State

Full title: FRED BRIDGES, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 8, 2000

750 So. 2d 782 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-2220.

Opinion filed March 8, 2000.

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Peter R. Lopez, Judge, L.T. No. 95-17048.

Fred Bridges, in proper person.

Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellee.

Before JORGENSON, COPE, and LEVY, JJ. CONFESSION OF ERROR

PER CURIAM.

Upon the State's proper confession of error, we reverse the denial of defendant's 3.800 motion and remand for resentencing.See Wick v. State, 651 So.2d 765 (Fla. 3d DCA 1995) (combination of probation and prison term must not exceed statutory maximum; see also Martell v. State, 676 So.2d 1030, 1031 (Fla. 3d DCA 1996) (Rule 3.850, not Rule 3.800 is "the proper means to challenge a court's failure to order a presentence investigation").