Velez v. State

District Court of Appeal of Florida

Velez v. State

573 So. 2d 188, 1991 Fla. App. LEXIS 355, 1991 WL 4330

Procedural entryThis page is a short order in Velez v. State. Read the opinion of the Court — 596 So. 2d 1197 →

District Court of Appeal of Florida·Decided January 22, 1991·No. No. 89-2736·Published

Opinion

PER CURIAM.

This is an appeal from the trial court’s summary denial of defendant’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Defendant sought relief on the grounds that the sentence imposed violated the terms of his plea agreement and that costs had been imposed without notice or a hearing. The trial court denied the motion without benefit of the plea colloquy and without taking any testimony.

Upon the state’s proper confession of error, we reverse the order on appeal and remand for an evidentiary hearing.

Reversed.

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PER CURIAM.

This is an appeal from the trial court’s summary denial of defendant’s motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Defendant sought relief on the grounds that the sentence imposed violated the terms of his plea agreement and that costs had been imposed without notice or a hearing. The trial court denied the motion without benefit of the plea colloquy and without taking any testimony.

Upon the state’s proper confession of error, we reverse the order on appeal and remand for an evidentiary hearing.

Reversed.

Velez v. State, 573 So. 2d 188, 1991 Fla. App. LEXIS 355, 1991 WL 4330 (Fla. Ct. App. 1991).

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