Florida District Courts of Appeal, 2002

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided March 20, 2002 · Green, Nesbitt, Shevin
811 So. 2d 815; 2002 Fla. App. LEXIS 3561; 2002 WL 428870 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

PER CURIAM.

Although the trial court properly denied defendant’s Rule 3.800 motion on the grounds asserted by defendant, the state commendably raises a meritorious sentencing error. The state correctly concedes that Lewis v. State, 789 So.2d 974 (Fla. 2001), and Grant v. State, 770 So.2d 655 (Fla. 2000), mandate that defendant’s habitual violent offender sentence be vacated. We, therefore, vacate the habitual violent offender portion of defendant’s sentence.

Sentence vacated, in part.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.