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Simeton v. State

District Court of Appeal of Florida, Fourth District.
Jul 17, 2013
117 So. 3d 881 (Fla. Dist. Ct. App. 2013)

Opinion

No. 4D12–817.

2013-07-17

Nakia SIMETON, Appellant, v. STATE of Florida, Appellee.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin Bidwill, Judge; L.T. Case No. 98–19049 CF10A. Nakia Simeton, Bristol, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.


Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Martin Bidwill, Judge; L.T. Case No. 98–19049 CF10A.
Nakia Simeton, Bristol, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.

Nakia Simeton appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. Simeton was convicted of robbery with a firearm and sentenced to life in prison as a prison releasee reoffender and life with a fifteen-year mandatory minimum as a habitual violent felony offender (HVFO). In his motion to correct sentence, he argued in part that the trial court could not sentence him as an HVFO because the HVFO life sentence is not greater than the PRR life sentence. Walls v. State, 765 So.2d 733 (Fla. 1st DCA 2000).

On appeal, the state has no objection to affirming the PRR life sentence and striking the HVFO life sentence.

Accordingly, we reverse the denial of Simeton's rule 3.800(a) motion and remand for the trial court to enter a corrected sentence vacating the HVFO life sentence. See Grant v. State, 770 So.2d 655 (Fla.2000); Roberts v. State, 793 So.2d 133 (Fla. 4th DCA 2001). As the state argues, this is a ministerial correction that does not require Simeton's presence. Daniels v. State, 31 So.3d 190 (Fla. 1st DCA 2009). Simeton's remaining claims are moot.

Reversed and Remanded.

DAMOORGIAN, C.J., GROSS and TAYLOR, JJ., concur.


Summaries of

Simeton v. State

District Court of Appeal of Florida, Fourth District.
Jul 17, 2013
117 So. 3d 881 (Fla. Dist. Ct. App. 2013)
Case details for

Simeton v. State

Case Details

Full title:Nakia SIMETON, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Jul 17, 2013

Citations

117 So. 3d 881 (Fla. Dist. Ct. App. 2013)