Rocco v. Singletary
This text of 729 So. 2d 508 (Rocco v. Singletary) 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
In accordance with the state’s proper confession of error, we grant defendant a belated appeal. See Robinson v. State, 373 So.2d 898 (Fla. 1979). As the state concedes, defendant’s sentence is not in accord with the plea agreement; the court imposed consecutive rather than concurrent sentences in case number 93-15639. We, therefore, vacate defendant’s sentence. On remand, the trial court is directed to resentence defendant pursuant to the plea agreement to concurrent sentences on counts one and two in ease number 93-15639. The sentence imposed in that case is to run concurrent with the sentence imposed in case number 92-12917.
Habeas granted; sentence vacated; cause remanded for resentencing.
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Cite This Page — Counsel Stack
729 So. 2d 508, 1999 Fla. App. LEXIS 4615, 24 Fla. L. Weekly Fed. D 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rocco-v-singletary-fladistctapp-1999.