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Jones v. State

District Court of Appeal of Florida, Third District
Mar 22, 1995
651 So. 2d 832 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-2073.

March 22, 1995.

An Appeal from the Circuit Court for Dade County; Leonard E. Glick, Judge.

Miller and Russell, and Edgar Miller, Coral Gables, for appellant.

Robert A. Butterworth, Atty. Gen., and Doquyen T. Nguyen, Asst. Atty. Gen., Hollywood, for appellee.

Before LEVY, GERSTEN and GREEN, JJ.


CONFESSION OF ERROR


The state confesses error in the trial court's denial of the defendant's motion to correct an illegal sentence dated June 27, 1994. As the state correctly concedes, the trial court erred by increasing the defendant's sentence in Count II from fifteen years concurrent to the other counts, to seven years consecutive to Count I. See Seago v. State, 627 So.2d 1316 (Fla. 2d DCA 1993); Lane v. State, 627 So.2d 556 (Fla. 2d DCA 1993).

Accordingly, we reverse the consecutive sentence of seven years in Count II, with directions to the trial court to reinstate the defendant's original sentence of fifteen years concurrent to the other counts.

Reversed and remanded with directions.


Summaries of

Jones v. State

District Court of Appeal of Florida, Third District
Mar 22, 1995
651 So. 2d 832 (Fla. Dist. Ct. App. 1995)
Case details for

Jones v. State

Case Details

Full title:KEITH MAURICE JONES, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 22, 1995

Citations

651 So. 2d 832 (Fla. Dist. Ct. App. 1995)