DUANE THOMAS CALLAHAN vs STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED DUANE THOMAS CALLAHAN, Appellant, v. Case Nos. 5D20-1241 and 5D20-1243 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed March 12, 2021 3.850 Appeal from the Circuit Court for Seminole County, Debra S. Nelson, Judge. Duane Thomas Callahan, Chipley, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Duane Thomas Callahan appeals the denial of his postconviction motions challenging his sentence after entering a negotiated plea. Callahan argues that the October 1, 2019 amendment to section 812.014, Florida Statutes, applied retroactively to his case based on this court’s decision interpreting section 775.022(4), Florida Statutes, in Dean v. State, 303 So. 3d 257, 259 (Fla. 5th DCA 2020). The State correctly concedes error based on Dean. We therefore reverse and remand for resentencing unless the State elects to withdraw from the plea agreement.1 See Taylor v. State, 899 So. 2d 1191, 1193 (Fla. 1st DCA 2005). Given our disposition, we need not reach Callahan’s remaining arguments challenging his sentence. REVERSED and REMANDED. EVANDER, C.J., EDWARDS and EISNAUGLE, JJ., concur. 1 We limit our review to Callahan’s postconviction motions as framed. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.