Opinion
No. 1D09-5555.
November 17, 2010.
An appeal from the Circuit Court for Santa Rosa County. Gary L. Bergosh, Judge.
Nancy A. Daniels, Public Defender and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General and Brooke Poland, Assistant Attorney General, Tallahassee, for Appellee.
Based upon the state's concession of fundamental error, and upon the applicable law, the corrected sentence imposing a mandatory minimum term of imprisonment of three years on count I of case number 00-0062-CFA is reversed and remanded for a new resentencing hearing where defendant shall be represented by counsel.
BENTON, PADOVANO, and CLARK, JJ., concur.