Mack v. State

Full title: CALVIN LAMONT MACK, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jul 12, 2000

762 So. 2d 574 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-1117

Opinion filed July 12, 2000. JULY TERM, A.D. 2000

An Appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Dade County, Barbara S. Levenson, Judge, L.T. No. 97-7577B.

Calvin Lamont Mack, in proper person.

Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.

Before JORGENSON and SORONDO, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Defendant Calvin Lamont Mack appeals from the denial of his motion for postconviction relief, arguing that his sentence is unconstitutional under State v. Thompson, 750 So.2d 643 (Fla. 1999). Upon the State's proper confession of error, we reverse and remand for resentencing.

Defendant was sentenced as a Violent Career Criminal under the Gort Act for offenses committed on March 5, 1997. Defendant is within the window period to challenge his sentence. The window period applies to offenses committed between October 1, 1995 through May 24, 1997. See Trapp v. State, 25 Fla. L. Weekly S429 (June 1, 2000).

The sentence is vacated, and this cause is remanded for resentencing.