RUDOLFO RAMIREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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On Motion for Clarification Granted
PER CURIAM.
The opinion of this Court filed on January 19,2000, is vacated and this opinion is substituted in its stead.
Upon the State’s Notice of Errata and Amended Response we reverse the trial court’s summary denial of defendant’s 3.850 motion, and remand the case to the trial court for hearing on the defendant’s claim that his plea was not voluntary and knowing due to English-Spanish language difficulties between him and his counsel. See Perez v. State, 449 So. 2d 407 (Fla. 2d DCA 1984). Additionally, defendant claims that his sentencing under chapter 95-184 violated the single subject rule. See Heggs v. State, — So. 2d —, 2000 WL 178052 (Fla. Feb. 17, 2000)(concluding chapter 95-184 for time period at issue violated the single subject rule because it embraced civil and criminal provisions that were not logically connected). The date of defendant’s offenses, stated as May 17 though 18, 1996, fits within the parameters for raising such a claim. See Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000); Lee v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999). Thus, this claim also should be addressed on remand. Accordingly, the order under review is reversed and the cause remanded.
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Martino v. State, 759 So. 2d 727 (Fla. 5th DCA 2000)…nviction relief? The supreme court did not discuss this issue. However, two of our sister courts have found that the issue is properly raised in a post-conviction proceeding. See Battle v. State, 755 So. 2d 731 (Fla. 4th DCA 2000); Ramirez v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000). We choose to follow those decisions. Our decision is buttressed by an analysis of Freshman v. State, 730 So. 2d 351 (Fla. 4th DCA 1999) which con- [*728] eluded that a defendant was entitled to Rule 3.800(a) relief when he receiv…
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Rivera v. State, 758 So. 2d 1270 (Fla. 3d DCA 2000)…So. 2d 620 (Fla.2000), we remand with directions that the petitioner be resentenced pursuant to the guidelines which were valid at the time that he committed the offenses. See also Gomez v. State, 756 So. 2d 259 (Fla. 3d DCA 2000); Ramirez v. State, 752 So. 2d 1246 (Fla. 3d DCA 2000); Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000).…
Authorities Cited
- Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000)
- Gutierrez v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999)
- LEE v. State, 739 So. 2d 1175 (Fla. 3d DCA 1999)
- Perez v. State, 449 So. 2d 407 (Fla. 2d DCA 1984)