MENDEZ V. STATE
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Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed December 19, 2012. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-278 Lower Tribunal No. 99-34767 ________________ Enrique Lopez Mendez, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Sarah I. Zabel, Judge. Enrique Lopez Mendez, in proper person. Pamela Jo Bondi, Attorney General, and Timothy R. M. Thomas, Assistant Attorney General, for appellee. ON CONFESSION OF ERROR Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge. SHEPHERD, J. Enrique Lopez-Mendez appeals from the trial court s denial of his Florida Rule of Criminal Procedure 3.800 motion. Based upon Appellee s proper and commendable confession of error and our independent review of the record, we reverse with directions to the trial court to vacate that portion of Mendez s sentence on Count I which mandates he serve a twenty-five year minimum mandatory under the 10/20 Life statute, see § 775.087(2)(a)3, Fla. Stat. (1999), and remand for imposition of a twenty-year minimum mandatory. 775.087(2)(a)2, Fla. Stat. (1999). In all other respects, we affirm. Affirmed in part, reversed in part, and case remanded with directions. 2 See §
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