00-2188 BURT V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3d00-2188

Case Date: 08/22/2001

Plaintiff: 00-2188 BURT

Defendant: STATE

Preview:IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, 2001

KEVIN BURT, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D00-2188 LOWER TRIBUNAL NO. 00-1329

Opinion filed August 22, 2001. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Barbara S. Levenson, Judge. Kevin Burt, in proper person. Robert A. Butterworth, Attorney General, for appellee.

Before JORGENSON, GODERICH and SORONDO, JJ.

CONFESSION OF ERROR

PER CURIAM. Pursuant to the State's confession of error, we reverse the trial court's order denying the defendant's motion to correct illegal sentence and remand for resentencing. The State

properly concedes that because the defendant was sentenced as a violent career criminal and committed his crimes on February 1, 1996, he has standing to challenge the law under which he was sentenced. 2000). See Salters v. State, 758 So. 2d 667, 671 (Fla.

Therefore, this cause is remanded for resentencing in

accordance with the valid laws in effect on the date of the defendant's offenses. 649 (Fla. 1999); 2000). Reversed and remanded for resentencing. See Thompson v. State, 750 So. 2d 643,

Lee v. State, 770 So. 2d 231, 232 (Fla. 3d DCA

2

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