Opinion
No. 3D00-1699.
Opinion filed December 20, 2000.
An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Richard V. Margolius, Judge, Lower Tribunal No. 96-5835.
Reversed and remanded with directions.
Eddie Clarence Ford, in proper person.
Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.
Before Jorgenson, Cope, and Goderich, JJ.
Upon the State's proper confession of error, we reverse the trial court's order denying his motion for correction of an unlawful sentence and remand for resentencing. See State v. Thompson, 750 So.2d 643, 649 (Fla. 1999) (holding that postconviction relief is available to "persons who committed their offenses during the applicable window period and were sentenced as habitual violent felony offenders based on the qualifying offense of aggravated stalking."). Defendant committed his offense within the applicable window period: October 1, 1995 through May 24, 1997. Accordingly, defendant must be resentenced. On remand at the resentencing hearing, the State may present whatever prior felony offenses would support defendant's classification as a habitual violent felony offender.