Martinez-Yanez v. State

DAVIS, Judge.

Pedro Martinez-Yanez challenges his resentencing following the issuance of this court’s mandate in Yanez v. State, 744 So.2d 601 (Fla. 2d DCA 1999). He argues that the trial court improperly exceeded that mandate when, on a remand for re-sentencing, it increased his sentence for armed burglary after this court set aside his conviction and sentence for first-degree felony murder. We agree and reverse.

Martinez-Yanez was originally convicted of first-degree felony murder and armed burglary as the result of an incident that occurred February 25, 1995. The trial court sentenced him to…