Opinion
No. 97-02708
Opinion filed November 6, 1998.
Appeal from the Circuit Court for Hillsborough County; Debra K. Behnke, Judge.
James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.
In this Anders v. California, 386 U.S. 738 (1967), appeal, appellant challenges the voluntariness of his plea and the legality of his sentence. The State concedes, and we agree, that appellant's sentence on Count III of Circuit Court Case No. 96-07392 is an illegal sentence. Accordingly, appellant is entitled to withdraw his plea as to that count. See Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979).
Reversed and remanded to allow appellant to withdraw his plea as to Count III of Circuit Court Case No. 96-03792. His appeal is otherwise affirmed.
PARKER, C.J., and CAMPBELL and QUINCE, JJ., Concur.