Florida District Courts of Appeal, 2003

Zapetis v. State

Zapetis v. State
Florida District Courts of Appeal · Decided October 15, 2003 · Cope, Shevin, Wells
855 So. 2d 1277; 2003 Fla. App. LEXIS 15458; 2003 WL 22338864 (Southern Reporter, Second Series)

Zapetis v. State

Opinion of the Court

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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