Florida District Courts of Appeal, 2010

LEUNNE v. State

LEUNNE v. State
Florida District Courts of Appeal · Decided August 18, 2010 · Ramirez, Cope, Rothenberg
43 So. 3d 117; 2010 Fla. App. LEXIS 12257; 2010 WL 3239122 (Southern Reporter, Third Series)

LEUNNE v. State

Opinion of the Court

PER CURIAM.

Affirmed.

Concurring Opinion

COPE, J.

(concurring).

Henry Leunne entered a guilty plea to federal charges and received a sentence of nineteen years in 1999. He was transferred to state custody to face state charges. He entered a guilty plea in 2000 and received a sentence of thirty-three years. The sentencing judge agreed that the thirty-three-year sentence should run concurrent with the nineteen-year federal sentence and the state sentencing order so indicates. However, counsel stated on the record that for the federal and state sentences to be concurrent, a motion needed to be filed in the federal court and concurrent sentencing was contingent on approval by the federal judge.

In defendant-appellant Leunne’s current motion, he complains that the sentences *118are not running concurrently, but does not explain what ruling was entered by the federal judge. In the absence of such an explanation, I can only assume that the federal judge denied the request that the state and federal sentences be concurrent. I therefore concur that affirmance is in order.

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