Johnson v. State

Full title: PRESTON JOHNSON, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 20, 2002

811 So. 2d 815 (Fla. Dist. Ct. App. 2002)

Opinion

No. 3D01-3100.

March 20, 2002.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge.

Preston Johnson, in proper person.

Robert A. Butterworth, Attorney General, and Susan Odzer Hugentugler (Ft. Lauderdale), Assistant Attorney General, for appellee.

Before GREEN and SHEVIN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Although the trial court properly denied defendant's Rule 3.800 motion on the grounds asserted by defendant, the state commendably raises a meritorious sentencing error. The state correctly concedes that Lewis v. State, 789 So.2d 974 (Fla. 2001), and Grant v. State, 770 So.2d 655 (Fla. 2000), mandate that defendant's habitual violent offender sentence be vacated.

We, therefore, vacate the habitual violent offender portion of defendant's sentence.

Sentence vacated, in part.