Barnes v. State

Full title: ROBERTO BARNES, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 31, 2004

868 So. 2d 681 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-2690.

Opinion filed March 31, 2004.

An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge, Lower Tribunal No. 87-29960.

Roberto Barnes, in proper person.

Charles J. Crist, Jr., Attorney General and Linda S. Katz, Assistant Attorney General, for appellee.

Before COPE, GODERICH, and GREEN, JJ.

PER CURIAM.

CONFESSION OF ERROR

Based on the State's proper confession of error, we remand with instructions to correct the appellant's sentence to reflect the 945 days actually served, in addition to the time credited to appellant in the trial court's order granting motion to correct illegal sentence. See Fla. R. Crim. P. 3.800(a); Andrews v. State, 822 So.2d 540, 541 (Fla. 2d DCA 2002).

We affirm all other aspects of the trial court's order.

Affirmed in part, reversed in part, remanded with instructions.