Florida District Courts of Appeal, 1991

Velez v. State

Velez v. State
Florida District Courts of Appeal · Decided January 22, 1991 · Gersten, Jorgenson, Nesbitt
573 So. 2d 188; 1991 Fla. App. LEXIS 355; 1991 WL 4330 (Southern Reporter, Second Series)

Velez v. State

Opinion of the Court

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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