Summary
In Beaudoin v. State, 658 So.2d 663, 664 (Fla. 3d DCA 1995), the Third District likewise held, based on the State's "candid and well-taken partial confession of error," that habitualization for a life felony constitutes an illegal sentence requiring the denial of rule 3.800 relief to be reversed as to the habitual offender sentence for the life felony.
Summary of this case from Carter v. StateOpinion
No. 95-1632.
August 2, 1995. Rehearing Denied August 23, 1995.
An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Monroe County; Steven P. Shea, Judge.
Ronald J. Beaudoin, in pro. per.
Robert A. Butterworth, Atty. Gen. and Elliot B. Kula, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and COPE and BASKIN, JJ.
In accordance with the state's candid and well-taken partial confession of error, the denial of rule 3.800 relief below is reversed as to the habitual offender sentence imposed upon the appellant for count three of the information, which charged a life felony. § 775.087(1)(a), Fla. Stat. (1993); see Lamont v. State, 610 So.2d 435 (Fla. 1992). The cause is remanded for resentencing as to that count alone. The order under review is otherwise affirmed.