Opinion
Case Nos. 5D20-1241 5D20-1243
03-12-2021
Duane Thomas CALLAHAN, Appellant, v. STATE of Florida, Appellee.
Duane Thomas Callahan, Chipley, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
Duane Thomas Callahan, Chipley, pro se.
Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Duane Thomas Callahan appeals the denial of his postconviction motions challenging his sentence after entering a negotiated plea. Callahan argues that the October 1, 2019 amendment to section 812.014, Florida Statutes, applied retroactively to his case based on this court's decision interpreting section 775.022(4), Florida Statutes, in Dean v. State , 303 So. 3d 257, 259 (Fla. 5th DCA 2020). The State correctly concedes error based on Dean . We therefore reverse and remand for resentencing unless the State elects to withdraw from the plea agreement. See Taylor v. State , 899 So. 2d 1191, 1193 (Fla. 1st DCA 2005). Given our disposition, we need not reach Callahan's remaining arguments challenging his sentence.
We limit our review to Callahan's postconviction motions as framed.
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REVERSED and REMANDED.
EVANDER, C.J., EDWARDS and EISNAUGLE, JJ., concur.