Garcia v. State

Full title: ROGELIO GARCIA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 25, 2004

866 So. 2d 219 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-3252.

Opinion filed February 25, 2004.

An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge, Lower Tribunal No. 96-20274.

Rogelio Garcia, in proper person.

Charles J. Crist, Jr., Attorney General, and Marni A. Bryson, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN, and WELLS, JJ.

PER CURIAM.

Based on the State's concession, on remand the defendant's sentence shall be corrected to delete the three (3) year minium mandatory sentence attached to defendant's manslaughter conviction and to resentence him to a straight term of nineteen (19) years as an habitual felony offender. In all other respects, the order denying defendant's 3.850 motion is affirmed.