Zapetis v. State

District Court of Appeal of Florida

Zapetis v. State

855 So. 2d 1277, 2003 Fla. App. LEXIS 15458, 2003 WL 22338864

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 2003

DocketNo. 3D02-2732

StatusPublished

This text of 855 So. 2d 1277 (Zapetis v. State) 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

Zapetis v. State, 855 So. 2d 1277, 2003 Fla. App. LEXIS 15458, 2003 WL 22338864 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

We reverse the order denying defendant’s motion to correct illegal sentence. The record demonstrates that the trial court had no discretion to impose a habitual offender sentence when such a designation contravenes the terms of the plea agreement. Accordingly, we reverse and remand with instructions that defendant be sentenced to 25 years without the habitual offender designation.

Reversed and remanded.

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PER CURIAM.

We reverse the order denying defendant’s motion to correct illegal sentence. The record demonstrates that the trial court had no discretion to impose a habitual offender sentence when such a designation contravenes the terms of the plea agreement. Accordingly, we reverse and remand with instructions that defendant be sentenced to 25 years without the habitual offender designation.

Reversed and remanded.

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Bluebook (online)

855 So. 2d 1277, 2003 Fla. App. LEXIS 15458, 2003 WL 22338864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zapetis-v-state-fladistctapp-2003.