JOSE GABINO DIAZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOSE GABINO DIAZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
146 So. 3d 175
Florida District Court of Appeal, First District (2014)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant challenges his concurrent life sentences as an Habitual Violent Felony Offender (HVFO) and Prison Releasee Reoffender (PRR) for his conviction of armed robbery with a deadly weapon. We agree that the HVFO sentence is illegal because it is the same length as the PRR. Thus, we reverse and remand for the trial court to strike appellant’s designation as an HVFO. See Grant v. State, 770 So.2d 655, 658 (Fla.2000); Daniels v. State, 31 So.3d 190, 191 (Fla. 1st DCA 2009). Because this is a purely ministerial act, appellant need not be present at resentenc-ing. On all other issues, we affirm.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.
WOLF, ROBERTS, and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Arlando Boykin v. State, 164 So. 3d 1281 (Fla. 2d DCA 2015)…ession of a firearm by a convicted felon and armed tampering with evidence. We note that the striking of the errant PRR designations on remand is a ministe [*1283] rial act that does not require Boykin’s presence for resentencing. See Diaz v. State, 146 So. 3d 175 (Fla. 1st DCA 2014). Affirmed in part, reversed in part, and remanded with instructions. WALLACE and BLACK; JJ., Concur.…
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- Selvin Daniels v. State, 31 So. 3d 190 (Fla. 1st DCA 2009)