Florida District Courts of Appeal, 2012

Huipio v. State

Huipio v. State
Florida District Courts of Appeal · Decided June 27, 2012 · Ciklin, Conner, Hazouri
91 So. 3d 248; 2012 WL 2400994; 2012 Fla. App. LEXIS 10487 (Southern Reporter, Third Series)

Huipio v. State

Opinion of the Court

PER CURIAM.

Victorio Huipio appeals the trial court’s summary denial of his motion for postcon-viction relief. He raised two grounds for relief in his motion: (1) the trial court could not impose an upward departure sentence on different grounds after his habitual offender sentence was stricken pursuant to Lamont v. State, 610 So.2d 435 *249(Fla. 1992), and (2) it was error for a substitute judge to conduct resentencing. The first ground lacks merit. See Cook v. State, 866 So.2d 1291 (Fla. 4th DCA 2004). Regarding the second ground, the record reflects the substitute judge complied with Florida Rule of Criminal Procedure 3.700(c)(1).

Affirmed.

HAZOURI, CIKLIN and CONNER, JJ., concur.

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