Summary
noting that the trial court imposed a seven-year sentence with a minimum mandatory sentence of three years to be served consecutively to a seven-year sentence with no minimum mandatory portion and that the State conceded that the sentence with the minimum mandatory provision should have been ordered to be served first
Summary of this case from Mattox v. StateOpinion
No. 95-3138.
January 3, 1996.
An Appeal from the Circuit Court for Dade County; Maxine Cohen Lando, Judge.
Bernard Daniels, in pro. per.
Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.
The State concedes error in the trial court's denial of the defendant's motion to correct illegal sentence. The trial court imposed a seven year sentence with a minimum mandatory sentence of three years to be served consecutively to a seven year sentence with no minimum mandatory portion. The state concedes that the sentence with the minimum mandatory provision should have been ordered to be served first in accordance with Palmer v. State, 571 So.2d 567 (Fla. 3d DCA 1990). See also Pioquinto v. State, 656 So.2d 552 (Fla. 2d DCA 1995); Ricardo v. State, 608 So.2d 93 (Fla. 2d DCA 1992).
Therefore, we reverse and remand with directions to resentence the defendant so that the mandatory sentence is served first.
Reversed and remanded with directions.