Nelson v. State

Based upon the State’s confession of error, we reverse both the trial court’s order denying the defendant’s motion to correct illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800, and the order denying his motion for rehearing. 1 In Nelson v. State, 805 So.2d 1071 (Fla. 3d DCA 2002), this Court remanded the cause to the trial court for clarification as to whether the trial court intended to sentence Nelson, who was convicted of robbery, as a prison releasee reoffender. On remand, the trial court clarified that the defendant was to be sentenced as a prison releasee…