Florida District Courts of Appeal, 2009

Barrientos v. State

Barrientos v. State
Florida District Courts of Appeal · Decided February 4, 2009 · Polen, Stevenson, Taylor
1 So. 3d 383; 2009 Fla. App. LEXIS 856; 2009 WL 249206 (Southern Reporter, Third Series)

Barrientos v. State

Opinion

PER CURIAM.

Eliezer Barrientos appeals an order denying his motion to correct an illegal sentence. We reverse and remand the matter to the trial court. We instruct the trial court to strike the three-year mandatory minimum portion of Barrientos’ thirty-year habitual offender prison sentence. See Fillmore v. State, 970 So.2d 452 (Fla. 4th DCA 2007); Banks v. State, 949 So.2d 353 (Fla. 4th DCA 2007). Barrientos need not be present when the trial court corrects the sentence. See Irons v. State, 851 So.2d 798 (Fla. 2d DCA 2003).

POLEN, STEVENSON and TAYLOR, JJ., concur.

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