Rocco v. Singletary

District Court of Appeal of Florida

Rocco v. Singletary

729 So. 2d 508, 1999 Fla. App. LEXIS 4615, 24 Fla. L. Weekly Fed. D 882

District Court of Appeal of Florida·Decided April 7, 1999·No. No. 99-5·Published·Cited by 1 cases

Opinion

PER CURIAM.

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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PER CURIAM.

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.

Rocco v. Singletary, 729 So. 2d 508, 1999 Fla. App. LEXIS 4615, 24 Fla. L. Weekly Fed. D 882 (Fla. Ct. App. 1999).

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Opinion

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