GUEVARRA V. STATE
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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 RUBEN GUEVARRA, ** Appellant, ** vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D01-2262 LOWER TRIBUNAL NO. 99-34619 ** Opinion filed October 24, 2001. An Appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge. Ruben Guevarra, in proper person. Robert A. Butterworth, Attorney General, and John Barker, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and FLETCHER and SORONDO, JJ. CONFESSION OF ERROR PER CURIAM. We reverse the summary denial of defendant s motion for postconviction relief upon the state's confession that defendant s plea, although voluntary, was not intelligently entered because he did not receive an explanation of the possibility and consequences of being sentenced as a habitual offender before accepting the plea. Furthermore, the state concedes that the defendant does not qualify as a habitual offender. directions to re-sentence Accordingly, we remand with defendant under the sentencing guidelines, or permit him, if he chooses, to withdraw his plea. Reversed and remanded with instructions. - 2 -
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