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.