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Walker v. State

District Court of Appeal of Florida, Third District
Oct 25, 2000
770 So. 2d 226 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-1097.

Opinion filed October 25, 2000. JULY TERM, A.D., 2000

An Appeal from the Circuit Court for Miami-Dade County, Manuel A. Crespo, Judge. LOWER TRIBUNAL NO. 96-11041

James Walker, in proper person.

Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

Before JORGENSON, GERSTEN, and RAMIREZ, JJ.


James Walker ("defendant") appeals the denial of his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. As correctly conceded by the State, the defendant's sentence under Chapter 95-182 is illegal. See State v. Thompson, 750 So.2d 643 (Fla. 1999). Therefore, we reverse the order denying postconviction relief and remand Walker's case for resentencing. See Scruggs v. State, 761 So.2d 1265 (Fla. 3d DCA 2000); Higgs v. State, 761 So.2d 1227 (Fla. 3d DCA 2000).

Reversed and remanded for resentencing.


Summaries of

Walker v. State

District Court of Appeal of Florida, Third District
Oct 25, 2000
770 So. 2d 226 (Fla. Dist. Ct. App. 2000)
Case details for

Walker v. State

Case Details

Full title:JAMES WALKER, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Oct 25, 2000

Citations

770 So. 2d 226 (Fla. Dist. Ct. App. 2000)