Opinion
No. 3D00-1383.
Opinion filed August 30, 2000. JULY TERM, A.D. 2000
An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court of Dade County, Alex E. Ferrer, Judge; L.T. No. 97-16861.
Cory Lewis, in proper person.
Robert A. Butterworth, Attorney General, and Jan E. Vair, Assistant Attorney General (Ft. Lauderdale), for appellee.
Before FLETCHER, SHEVIN, and SORONDO, JJ.
Upon our examination of the record and review of the State's confession of error, we reverse the lower court's denial of post-conviction relief, and remand the case to the trial court with specific instructions to resentence Cory Lewis to the extent that his mitigated sentence incorrectly imposes a mandatory minimum sentence. The defendant need not be present for resentencing.
Reversed and remanded with instructions.