Rodriguez v. State

In Rodriguez v. State, 773 So.2d 1222 (Fla. 3d DCA 2000), this Court reversed Dax Anthony Rodriguez’s (defendant) sentence of fifteen years under the Prison Releasee Reoffender Act, section 775.082(9), Florida Statutes (Supp.1998), because the offense defendant pled guilty to did not qualify for sentencing under the Act. The case was remanded for resentenc-ing.

On remand, the casé came before Judge Thomas Carney who was substituting for Judge Ellen Leesfield. At that time, December 28, 2000, the following occurred:

[THE COURT]: Dax Anthony Rodriguez.

[THE STATE]: This is back on mandate from the…