Florida District Courts of Appeal, 2001

Estrada v. State

Estrada v. State
Florida District Courts of Appeal · Decided August 8, 2001 · Goderich, Jorgenson, Shevin
790 So. 2d 1223; 2001 Fla. App. LEXIS 11125; 2001 WL 883626 (Southern Reporter, Second Series)

Estrada v. State

Opinion of the Court

PARTIAL CONFESSION OF ERROR

PER CURIAM.

Pursuant to the State’s partial confession of error, we vacate that portion of the trial court’s order denying the defendant’s motion for post-conviction relief in case numbers 95-39193 and 95-36740 and affirm that portion of the trial court’s order denying the defendant’s motion for post-conviction relief in case number 99-4496. On remand, the State properly concedes that the defendant should receive credit for the community control and prison time served in case numbers 95-39193 and 95-36740 to the extent that the total community control does not exceed two years and the aggregate resentences do not exceed the statutory maximum.

Reversed and remanded with directions.

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