Hernandez v. State

We reverse in part and affirm in part the order denying the defendant’s post-conviction relief motion. As the State commendably concedes in its response, we reverse and remand with a direction that the court is to resentence the defendant in case numbers F99-2549A and F99-3075B by removing the habitual violent felony offender designation, and by correctly designating the defendant as a habitual felony offender in those cases. Gonzalez v. State, 208 So.3d 143, 147 (Fla. 3d DCA 2016) (“Because the record does not conclusively establish that Gonzalez’s double jeopardy claim has been previously…