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RAMON J. ROSARIO v. STATE OF FLORIDA
Citation: 260 So. 3d 335Docket: 16-3360
Court: District Court of Appeal of Florida; December 18, 2018; Florida; State Appellate Court
Original Court Document: View Document
Ramon Rosario appeals the denial of his motion to correct an unauthorized sentence under Florida Rule of Criminal Procedure 3.800(b)(2). The State concedes error, prompting the court to remand for sentence correction. Initially, Rosario's sentence was affirmed but later quashed by the Florida Supreme Court, which mandated resentencing in accordance with specific statutory provisions. During the resentencing, Rosario received a twenty-five-year prison term, with ten-year mandatory minimums for two conspiracy charges, to run concurrently. A supplementary order indicated that some charges would be subject to judicial review after twenty years, excluding home-invasion conspiracy charges. Rosario subsequently sought to have his sentences modified to include judicial review, which the circuit court granted. After his counsel filed an Anders brief indicating no viable claims for relief, the court required clarification on whether Rosario had an argument against the mandatory minimum sentences for home invasion conspiracy. The counsel agreed the sentences were improper but claimed Rosario waived the argument. The court struck the Anders brief due to uncertainty about the legality of the mandatory minimums in the context of a plea agreement. Rosario filed a second motion to correct his sentence, which the circuit court failed to rule on within the required timeframe, leading to a de facto denial. Rosario then argued that the ten-year mandatory minimums were not statutorily authorized. The State acknowledged this and, as a result, the court remanded the case for a ministerial correction to strike the ten-year mandatory minimum terms for Counts VII and XII, without requiring resentencing or Rosario's presence. The decision was reversed and remanded for the correction.