Baldon v. State

District Court of Appeal of Florida

Baldon v. State

667 So. 2d 361, 1995 Fla. App. LEXIS 12001, 1995 WL 678763

Procedural entryThis page is a short order in Baldon v. State. Read the opinion of the Court — 1994 Fla. App. LEXIS 12796 →

District Court of Appeal of Florida·Decided November 16, 1995·No. No. 95-697·Published

Opinion

[362]*362ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant’s motion for rehearing and substitute the following for our prior opinion.

The records attached to the trial court’s order conclusively show that Noah Baldon’s total sentence is 20 years, consisting of a 10-year sentence in ease 89-1083; a consecutive 10-year sentence in case 89-1765; and concurrent 10- and 20-year sentences in cases 91-737 and 91-738, to run concurrently with the 10-year sentence in case 89-1083. Because the sentences do not exceed the 20-year cap to which the state agreed, Baldón has failed to show the sentences exceed the plea agreement.

AFFIRMED.

ERVIN, MICKLE and LAWRENCE, JJ., concur.

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[362]*362ON MOTION FOR REHEARING

PER CURIAM.

We grant appellant’s motion for rehearing and substitute the following for our prior opinion.

The records attached to the trial court’s order conclusively show that Noah Baldon’s total sentence is 20 years, consisting of a 10-year sentence in ease 89-1083; a consecutive 10-year sentence in case 89-1765; and concurrent 10- and 20-year sentences in cases 91-737 and 91-738, to run concurrently with the 10-year sentence in case 89-1083. Because the sentences do not exceed the 20-year cap to which the state agreed, Baldón has failed to show the sentences exceed the plea agreement.

AFFIRMED.

ERVIN, MICKLE and LAWRENCE, JJ., concur.

Baldon v. State, 667 So. 2d 361, 1995 Fla. App. LEXIS 12001, 1995 WL 678763 (Fla. Ct. App. 1995).

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