Opinion
Case No. 97-3059
Opinion filed November 19, 1997
Appeal of order denying rule 3.800 motion from the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 94-11689 CF10.
Scott Philhower, Okeechobee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Denise S. Calegan, Assistant Attorney General, West Palm Beach, for appellee.
The trial court denied appellant's rule 3.800 motion to correct his illegal sentence, even though the state responded to the motion by agreeing that it should be granted. The state has also conceded to this court that the motion should have been granted, and we therefore reverse and remand for correction of the sentence pursuant to the state's response to our order to show cause.
STONE, C.J., KLEIN and SHAHOOD, JJ., concur.