Johnson v. State

Although the trial court properly denied defendant’s Rule 3.800 motion on the grounds asserted by defendant, the state commendably raises a meritorious sentencing error. The state correctly concedes that Lewis v. State, 789 So.2d 974 (Fla.2001), and Grant v. State, 770 So.2d 655 (Fla.2000), mandate that defendant’s habitual violent offender sentence be vacated. We, therefore, vacate the habitual violent offender portion of defendant’s sentence.

Sentence vacated, in part.