Jivanjee v. State

Defendant appeals his conviction and sentence. We affirm the conviction, however we vacate the sentence and remand for resentencing. Defendant argues that the State’s questioning opened the door to his testimony as to the maximum penalty he was facing, and that the trial court erred in refusing to permit his testimony in this regard. The record clearly reflects that no testimony was elicited which created a misleading impression with the jury. See Bozeman v. State, 698 So.2d 629, 630-31 (Fla. 4th DCA 1997). Thus there was no error as to this issue. Upon the State’s confession of error and our…