KAREEM ABDUL JOHNSON
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-09-20
No. 18-1488
Susan G. Braden
252 So. 3d 1289 Florida District Court of Appeal, First District (2018)

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Holding

When the state concedes that remand is necessary for the trial court to consider a motion under rule 3.800(a), reversal and remand is required.


Headnotes

[1] When a state concedes on appeal that remand is necessary to permit the trial court to reconsider a motion under Florida Rule of Criminal Procedure 3.800(a), the appellate…

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Facts & Procedural History

Kareem Abdul Johnson appealed a trial court decision. The state conceded during the appeal that remand was required to permit the trial court to consi…

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Opinion of the Court

Court’s Toler*order, the state concedes that remand is required to permit the trial court to consider the motion pursuant to rule 3.800(a). Under these circumstances, we reverse and remand for further proceedings.

REVERSED and REMANDED. MAKAR, OSTERHAUS, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Kareem Abdul Johnson, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Sharon S. Traxler, Assistant Attorney General, Tallahassee, for Appellee.

* Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).


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