Opinion
Case No. 3D01-333.
Opinion filed September 26, 2001.
An Appeal from the Circuit Court for Miami-Dade County, Richard V. Margolius, Judge. Lower Tribunal No. 96-4363a.
Vernon Green, in proper person. Robert A. Butterworth, Attorney General, and Gary K. Milligan, Assistant Attorney General, for appellee.
Before GREEN, SHEVIN, and RAMIREZ, JJ.
CONFESSION OF ERROR
Based on the State's confession of error filed in this cause, as well as an independent review of the record, we reverse the trial court's order denying Vernon Green's motion for post-conviction relief because he was sentenced as a violent career criminal. State v. Thompson, 750 So.2d 643 (Fla. 1999), held that the violent career criminal act under which Green was sentenced violated the single subject rule of the Florida Constitution and required resentencing for crimes committed within the applicable period. Green's crime was committed on December 19, 1995, within the applicable period.
Reversed and remanded for resentencing.