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Bachiller v. State

District Court of Appeal of Florida, Third District
Dec 10, 1991
589 So. 2d 472 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-1296.

December 10, 1991.

An Appeal from the Circuit Court of Dade County, Martin D. Khan, Judge.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Alphonso Milligan, Asst. Atty. Gen., for appellee.

Before FERGUSON, JORGENSON, and LEVY, JJ.


CONFESSION OF ERROR


The State correctly concedes that the trial court erred in imposing consecutive sentences on the defendant which resulted in a total prison sentence twice that authorized by the guidelines maximum penalty. Accordingly, we reverse and remand for resentencing within the guidelines. See Young v. State, 545 So.2d 838 (Fla. 1989); Johnson v. State, 578 So.2d 435 (Fla. 1st DCA 1991); Irizarry v. State, 578 So.2d 711 (Fla. 3d DCA 1990).


Summaries of

Bachiller v. State

District Court of Appeal of Florida, Third District
Dec 10, 1991
589 So. 2d 472 (Fla. Dist. Ct. App. 1991)
Case details for

Bachiller v. State

Case Details

Full title:LUIS RIVALTA BACHILLER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 10, 1991

Citations

589 So. 2d 472 (Fla. Dist. Ct. App. 1991)