Garcia v. State

Garcia was convicted of second degree murder with a firearm in September 1997 and was sentenced to thirty years in prison with a three-year mandatory minimum. He appealed to this court, which affirmed with the mandate issuing October 1998. He filed a rule 3.800(a) motion to correct sentencing error in 2000, resulting in his resentencing in November 2000 to 260 months due to a Heggsviolation. He then challenged his new sentence on the ground that it was imposed in his absence. He advises that the trial court resentenced him once more in December 2004 to twenty-one years in prison.