Maldonado v. State

Full title: JOSE MALDONADO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 28, 1994

646 So. 2d 852 (Fla. Dist. Ct. App. 1994)

Opinion

No. 94-1340.

December 28, 1994.

An Appeal from the Circuit Court for Dade County; Ellen L. Leesfield, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Avi J. Litwin, Asst. Atty. Gen., for appellee.

Before BARKDULL, COPE and GODERICH, JJ.

PER CURIAM.

We affirm the appellant's convictions for armed robbery, armed burglary, and armed kidnapping, see Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Grant v. State, 390 So.2d 341 (Fla. 1980); State v. Freber, 366 So.2d 426 (Fla. 1978); Scott v. State, 629 So.2d 238 (Fla. 3d DCA 1993), but, as the state concedes, we find error in sentencing the appellant as an habitual offender. See Lamont v. State, 610 So.2d 435 (Fla. 1992). Therefore, we vacate the sentences and return the matter to the trial court for resentencing.