State v. MUNTASER

District Court of Appeal of Florida

State v. MUNTASER

84 So. 3d 1228, 2012 Fla. App. LEXIS 5473, 37 Fla. L. Weekly Fed. D 842

CourtDistrict Court of Appeal of Florida

DecidedApril 11, 2012

Docket3D11-2289

StatusPublished

This text of 84 So. 3d 1228 (State v. MUNTASER) 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.

Bluebook

State v. MUNTASER, 84 So. 3d 1228, 2012 Fla. App. LEXIS 5473, 37 Fla. L. Weekly Fed. D 842 (Fla. Ct. App. 2012).

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Opinion

ROTHENBERG, J.

The State appeals the trial court’s order granting Daud Muntaser’s (“the defendant”) motion for postconviction relief pursuant to Florida Rule of Criminal Proce *1229 dure 3.800(a), and vacating the judgment and sentence entered on October 16, 1995, following the defendant’s negotiated plea. Because the defendant accepted the terms of the plea offered and has enjoyed the benefits of the bargain, the trial court erred in granting the requested relief. See State v. Ortiz, 79 So.3d 177 (Fla. 3d DCA 2012). Accordingly, we reverse with instructions to reinstate the 1995 judgment.

Reversed and remanded with instructions to reinstate the judgment.

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ROTHENBERG, J.

The State appeals the trial court’s order granting Daud Muntaser’s (“the defendant”) motion for postconviction relief pursuant to Florida Rule of Criminal Proce *1229 dure 3.800(a), and vacating the judgment and sentence entered on October 16, 1995, following the defendant’s negotiated plea. Because the defendant accepted the terms of the plea offered and has enjoyed the benefits of the bargain, the trial court erred in granting the requested relief. See State v. Ortiz, 79 So.3d 177 (Fla. 3d DCA 2012). Accordingly, we reverse with instructions to reinstate the 1995 judgment.

Reversed and remanded with instructions to reinstate the judgment.

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Bluebook (online)

84 So. 3d 1228, 2012 Fla. App. LEXIS 5473, 37 Fla. L. Weekly Fed. D 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-muntaser-fladistctapp-2012.

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