Sams v. State

Full title: RODRICK J. SAMS, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 14, 2003

844 So. 2d 809 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D03-753.

Opinion filed May 14, 2003.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Jacqueline Hogan Scola, Judge. Lower Tribunal No. 00-21546.

Rodrick J. Sams, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before GODERICH, GREEN and RAMIREZ, JJ.

PER CURIAM.

Based on the State's proper partial confession of error, the defendant's conviction and sentence as to Count IV is hereby vacated.See Fjord v. State, 634 So.2d 714, 715 (Fla. 4th DCA 1994). However, we affirm the remainder of the order denying the defendant's motion to correct an illegal sentence. See Seccia v. State, 720 So.2d 580 (Fla. 1st DCA 1998); Waldburg v. State, 644 So.2d 608 (Fla. 1st DCA 1994).

Affirmed in part, reversed, in part, and remanded for resentencing.