Opinion
Case No. 5D19-2728
07-24-2020
Austin HALL, Appellant, v. STATE of Florida, Appellee.
James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, and Kristen L. Davenport, Assistant Attorneys General, Daytona Beach, for Appellee.
James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, and Kristen L. Davenport, Assistant Attorneys General, Daytona Beach, for Appellee.
ON CONCESSION OF ERROR
PER CURIAM.
Austin Hall appeals the sentence imposed following his conviction of burglary of a dwelling with an assault or battery with a firearm (count 1). The jury found Hall guilty and made a special finding that Hall actually possessed a firearm. Hall was sentenced to thirty-five years in prison with a twenty-five-year minimum mandatory. He contends, and the State concedes, that the twenty-five-year minimum mandatory is improper. Instead, pursuant to section 775.087(2)(a)1., Florida Statutes (2017), Hall should have received a ten-year minimum mandatory. We accept the State's concession.
Hall does not appeal his convictions or sentences for robbery with a firearm (count 2), or aggravated battery with a firearm or causing great bodily harm (count 3).
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We affirm Hall's convictions, but remand this matter to the trial court with directions that the sentencing documents be amended to reflect the thirty-five-year sentence with a ten-year minimum mandatory on count 1. Hall need not be present for resentencing.
AFFIRMED in part, REVERSED in part, and REMANDED.
ORFINGER, LAMBERT and SASSO, JJ., concur.