Opinion
No. 99-109
Opinion filed July 21, 1999. JULY TERM, A.D. 1999
An Appeal under Florida Rule of Appellate Procedure 9.140(i) from the Circuit Court for Dade County, Maxine Cohen Lando, Judge, L.T. No. 89-7729.
William Hemphill, in proper person.
Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and NESBITT and SHEVIN, JJ.
Based on the state's proper confession of error, we reverse the order denying defendant Hemphill's motion for post-conviction relief, Burks v. State, 698 So.2d 874 (Fla. 3d DCA 1997); Richitelli v. State, 687 So.2d 282 (Fla. 3d DCA 1997); Tribue v. State, 682 So.2d 196 (Fla. 3d DCA 1996), and remand for correction of the sentencing order to reflect credit for all time previously served.
Reversed and remanded.