Herrera Gutierrez — Fifth District accepted the State’s confession of error and reversed

Case
Victor Esteban Herrera Gutierrez v. State of Florida
Court
Florida Fifth District Court of Appeal
Judge
LAMBERT (Rick Scott, 2014); Boatwright (Ron DeSantis, 2022); KILBANE (Ron DeSantis, 2022)
Date Decided
August 14, 2026
Docket No.
5D2026-0928; 5D2026-0930
Topics
Criminal Appeals; Subject Matter Jurisdiction; Confession of Error
Source
Read the full opinion

Background

Victor Esteban Herrera Gutierrez appealed judgments and sentences entered by the County Court for Marion County in two cases.

He argued that the county court lacked subject matter jurisdiction because no valid charging documents had been filed. The State filed a confession of error.

The Court’s Holding

The Fifth District Court of Appeal accepted the State’s confession of error. In a brief per curiam opinion, the court reversed Gutierrez’s judgments, sentences, and liens.

The court remanded the cases for further proceedings. It did not independently analyze whether valid charging documents had been filed or otherwise elaborate on the jurisdictional issue raised by Gutierrez.

Key Takeaways

  • The State confessed error in response to Gutierrez’s jurisdictional argument.
  • The appellate court reversed the judgments, sentences, and liens and remanded for further proceedings.
  • The opinion did not provide substantive analysis of the charging-document or subject matter jurisdiction questions.

Why It Matters

The decision gives Gutierrez relief from the challenged judgments, sentences, and liens while leaving further proceedings to the county court. Because the Fifth District resolved the appeals by accepting the State’s confession of error without extended analysis, the opinion should not be read as announcing a broader rule beyond its stated disposition.

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