Florida District Courts of Appeal, 2005

Wilson v. State

Florida District Courts of Appeal · Decided July 27, 2005 · Green, Ramirez, Wells

907 So. 2d 650; 2005 Fla. App. LEXIS 11948; 2005 WL 1762436 (Southern Reporter, Second Series)

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

Leroy Wilson appeals from denial of a 3.800 motion in which he claimed that his sentence as a habitual violent felony offender (HVFO) was illegal. Based on the State’s concession that Wilson’s sentence as a HVFO is illegal because Wilson has never been convicted of one of the predi*651cate offenses enumerated in section 775.084(l)(b)l, Florida Statutes (2000), we vacate the HVFO sentence imposed and remand for resentencing.

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