State v. Benitez

Full title: The STATE of Florida, Appellant, v. Maidolys BENITEZ, a/k/a Maidolys…

Court: District Court of Appeal of Florida, Third District.

Date published: Aug 15, 2012

93 So. 3d 1248 (Fla. Dist. Ct. App. 2012)

Opinion

Nos. 3D11–474 3D11–473 3D11–467 3D11–470.

2012-08-15

The STATE of Florida, Appellant, v. Maidolys BENITEZ, a/k/a Maidolys Benitez–Fornais, and Michael Lane, Appellees.

Appeals from the Circuit Court for Miami–Dade County, Sarah Zabel, Judge. Pamela Jo Bondi, Attorney General, and Jill D. Kramer, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellees.

PER CURIAM.

Appeals from the Circuit Court for Miami–Dade County, Sarah Zabel, Judge.
Pamela Jo Bondi, Attorney General, and Jill D. Kramer, Assistant Attorney General, for appellant.Carlos J. Martinez, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellees.
Before SUAREZ and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.

ON CONFESSION OF ERROR

Upon consideration of the defendants' commendable and well-taken confession of error, the downward departure sentences entered below are vacated. See State v. Pita, 54 So.3d 557 (Fla. 3d DCA 2011); State v. Walters, 12 So.3d 298 (Fla. 3d DCA 2009); State v. Salgado, 948 So.2d 12 (Fla. 3d DCA 2006). The causes are remanded for further proceedings in which the defendants may elect whether to withdraw their pleas or be resentenced within the guidelines. See Salgado, 948 So.2d at 18–19.

Vacated and remanded.