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Mann v. State

District Court of Appeal of Florida, Third District
Dec 27, 2000
774 So. 2d 823 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D00-1451.

December 27, 2000.

An appeal under Fla.R.App.P. 9.140 (i) from the Circuit Court for Dade County, Roberto M. Pineiro, Judge.

Arthur Mann, in proper person.

Robert A. Butterworth, Attorney General, and Jill K. Traina, Assistant Attorney General, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


Arthur Mann appeals an order denying his motion for postconviction relief. He contends, among other things, that the written sentences imposed do not conform to the plea bargain orally announced in the plea colloquy. After considering the plea colloquy and the submissions of counsel, this court is in doubt about the intent of the plea bargain, including the question whether the sentences imposed in the present case were intended to be concurrent with, or consecutive to, circuit court case number 91-42575. We therefore reverse the order now under review and remand for a hearing on this issue and defendant-appellant Mann's other claims.

Contrary to the State's contention, we think that this issue is stated within the defendant's motion and is not being raised for the first time on appeal.

Reversed and remanded for a hearing.


Summaries of

Mann v. State

District Court of Appeal of Florida, Third District
Dec 27, 2000
774 So. 2d 823 (Fla. Dist. Ct. App. 2000)
Case details for

Mann v. State

Case Details

Full title:Arthur MANN, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 27, 2000

Citations

774 So. 2d 823 (Fla. Dist. Ct. App. 2000)