Baez v. State
This text of 879 So. 2d 22 (Baez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Alexander BAEZ, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
STRINGER, Judge.
Alexander Baez seeks review of the order of the trial court summarily denying his motion to correct illegal sentence. In a separate case number, he appeals an order of the trial court summarily dismissing his motion for postconviction relief as duplicative of his motion to correct illegal sentence. On our own motion, we consolidated the two appeals and ordered the State to respond to Baez's allegations that the trial court failed to comply with the terms of his plea agreement when it significantly increased three of his sentences following resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). The State concedes that these three sentences should be reversed and the cases remanded for imposition of the sentences originally imposed. We agree; therefore, we reverse and remand for resentencing.
Affirmed in part; reversed in part; and remanded.
ALTENBERND, C.J., and FULMER, J., Concur.
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879 So. 2d 22, 2004 WL 912715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baez-v-state-fladistctapp-2004.