Florida District Courts of Appeal, 1999

Rocco v. Singletary

Rocco v. Singletary
Florida District Courts of Appeal · Decided April 7, 1999 · Fletcher, Nesbitt, Shevin
729 So. 2d 508; 1999 Fla. App. LEXIS 4615; 24 Fla. L. Weekly Fed. D 882 (Southern Reporter, Second Series)

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.

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