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Lowery v. State

District Court of Appeal of Florida, First District
Nov 17, 2010
48 So. 3d 916 (Fla. Dist. Ct. App. 2010)

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.


Summaries of

Lowery v. State

District Court of Appeal of Florida, First District
Nov 17, 2010
48 So. 3d 916 (Fla. Dist. Ct. App. 2010)
Case details for

Lowery v. State

Case Details

Full title:Joseph P. LOWERY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Nov 17, 2010

Citations

48 So. 3d 916 (Fla. Dist. Ct. App. 2010)