Rocco v. Singletary

Florida District Courts of Appeal
Rocco v. Singletary, 729 So. 2d 508 (1999)
1999 Fla. App. LEXIS 4615; 24 Fla. L. Weekly Fed. D 882
Fletcher, Nesbitt, Shevin

Rocco v. Singletary

Opinion of the Court

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.

Reference

Full Case Name
Anthony ROCCO v. Harry K. SINGLETARY, Secretary of Florida Department of Corrections, etc.
Cited By
1 case
Status
Published