Florida District Courts of Appeal, 2003

Rodriguez v. Moore

Rodriguez v. Moore
Florida District Courts of Appeal · Decided September 3, 2003 · Cope, Gersten, Shevin
853 So. 2d 571; 2003 Fla. App. LEXIS 13156; 2003 WL 22047653 (Southern Reporter, Second Series)

Rodriguez v. Moore

Opinion of the Court

SHEVIN, Judge.

We grant defendant’s petition for writ of habeas corpus asserting that appellate counsel was ineffective for failing to challenge the predicate offenses relied on by the state to sentence defendant as a violent career criminal. A review of the record reveals, and the state properly concedes, that defendant’s sentence is illegal as defendant does not qualify for sentencing as a violent career criminal pursuant to section 775.084(d), Florida Statutes (1999). We therefore vacate defendant’s sentence and remand for resentencing according to the laws in effect at the time defendant’s crime was committed.

Sentence vacated and cause remanded.

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