Opinion
No. 3D01-3473.
May 29, 2002.
An appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge.
Larry Short, in proper person.
Robert A. Butterworth, Attorney General, and Sandra Braverman, Assistant Attorney General, for appellee.
Before COPE, GERSTEN, and RAMIREZ, JJ.
This is a petition for belated appeal of an order denying appellant Larry Short's motion to correct sentence. Appellee State of Florida properly concedes that Short's sentence on his life felonies was illegal. See Lamont v. State, 610 So.2d 435 (Fla. 1992); Lopez v. State, 716 So.2d 301 (Fla. 3d DCA 1998). Short committed his crimes on October 15, 1991, prior to the effective date of the statute which allowed habitualization for life felonies.
We therefore grant the belated appeal and reverse the order denying the motion to correct illegal sentence. We appoint the public defender to address the sentencing issue and any other meritorious points on Short's behalf on remand. Short would have a right to be present for resentencing.
Reversed and remanded.