District Court of Appeal of Florida December 19, 2012, No. 3D12-278 (Mendez v. State)

ON CONFESSION OF ERROR

SHEPHERD, J.

Enrique Lopez-Mendez appeals from the trial court’s denial of his Florida Rule of Criminal Procedure 3.800 motion. *258Based 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