Third District Court of Appeal
State of Florida
Opinion filed July 22, 2015.
________________
No. 3D15-144
Lower Tribunal No. 98-31951
________________
Daquilard Ilarion,
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, Eric William Hendon, Judge.
Daquilard Ilarion, in proper person.
Pamela Jo Bondi, Attorney General, and Douglas J. Glaid, Senior Assistant
Attorney General, for appellee.
Before SALTER, LOGUE and SCALES, JJ.
PER CURIAM.
On Concession of Error
Diquilard Ilarion appeals the trial court’s denial of his amended motion to
correct an illegal sentence pursuant to Florida Rule of Criminal Procedure
3.800(a). The trial court’s order on Ilarion’s amended motion determined correctly
that “the sentence as to count two exceeds the statutory maximum, and should be
reduced to 5 years in state prison.” In the written corrected sentence on count two
entered July 25, 2014, however, the trial court adjudicated Ilarion a violent career
criminal (VCC) in accordance with section 775.084(4), Florida Statutes (1999).
As correctly conceded by the State, the VCC adjudication was improper as
to count two, a grand theft conviction. Ubilla v. State,
8 So. 3d 1200 (Fla. 3d DCA
2009). We reverse that adjudication and remand the case to the trial court to
remove the VCC designation from the sentence on count two. As a ministerial act,
the remand and corrected sentence will not require the personal presence of the
defendant.
Reversed and remanded for the issuance of a corrected sentence on count
two in accordance with this opinion.
2
