Wheeler v. State

CASANUEVA, Judge.

Phillip J. Wheeler appeals the postcon-viction court order granting his motion filed under Florida Rule of Criminal Procedure 3.800(a). The State properly concedes error. We reverse the order of the postconviction court with directions for the court to vacate Wheeler’s sentence and resentence him.

On February 6, 1997, Wheeler entered an open plea of guilty to sexual battery with a deadly weapon or force, a life felony. At sentencing, the trial court designated Wheeler a habitual violent felony offender (HVFO) and sentenced him to life imprisonment with a fifteen-year mandatory…