Beaudoin v. State, 95-1632
| Decision Date | 02 August 1995 |
| Docket Number | No. 95-1632,95-1632 |
| Citation | 658 So.2d 663 |
| Parties | 20 Fla. L. Weekly D1750 Ronald J. BEAUDOIN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Monroe County; Steven P. Shea, Judge.
Ronald J. Beaudoin, in pro. per.
Robert A. Butterworth, Atty. Gen. and Elliot B. Kula, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and COPE and BASKIN, JJ.
In accordance with the state's candid and well-taken partial confession of error, the denial of rule 3.800 relief below is reversed as to the habitual offender sentence imposed upon the appellant for count three of the information, which charged a life felony. Sec. 775.087(1)(a), Fla.Stat. (1993); see Lamont v. State, 610 So.2d 435 (Fla.1992). The cause is remanded for resentencing as to that count alone. The order under review is otherwise affirmed.
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...sentencing statutes could possibly inflict." Austin, 756 So.2d at 1081 (quoting Blakley, 746 So.2d at 1186-87). In Beaudoin v. State, 658 So.2d 663, 664 (Fla. 3d DCA 1995), the Third District likewise held, based on the State's "candid and well-taken partial confession of error," that habit......
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