Opinion
Case No. 95-3658
Opinion filed March 19, 1997.
An Appeal from the Circuit Court for Dade County, Florida, Maynard A. Gross and Arthur Maginnis, Judges.
LOWER TRIBUNAL NO. 94-42886
Bennett H. Brummer, Public Defender and Rosa Figarola, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Joni Braunstein, Assistant Attorney General, for appellee.
Before JORGENSON, FLETCHER and SORONDO, JJ.
Upon the state's proper confession of error, we reverse that portion of the defendant's sentence which imposed a consecutive three year minimum mandatory prison term pursuant to section 778.087, Florida Statutes (1995), to the fifteen year minimum mandatory sentence imposed on the defendant pursuant to section 778.084(4), Florida Statutes (1995), the Habitual Violent Offender Statute.
We remand this cause with directions to the trial court to re-sentence the defendant so that the three year minimum mandatory sentence shall be served concurrently with the fifteen year sentence.
Reversed and remanded.