TONY HUT, APPELLANT/PETITIONER,
v.
THE STATE OF FLORIDA, APPELLEE/RESPONDENT
PER CURIAM.
The court having considered the allegations raised by the defendant in his pro se petition for writ of habeas corpus, in connection with the appeal from his judgment of conviction and sentence, we find that the allegations of the petitioner/defendant have merit. We grant the petition and reverse the sentence. The trial court is directed to reduce the defendant’s sentence of imprisonment to two and one-half years in accordance with the plea agreement and to order the defendant’s immediate discharge from custody inasmuch as he has already served his proper sentence. Johnson v. State, 501 So. 2d 158 (Fla. 3d DCA 1987). No motion for rehearing will be entertained and the mandate of this court will be issued with the filing of this opinion.
Writ granted, sentence reversed, and defendant discharged.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Thomas v. State, 526 So. 2d 183 (Fla. 3d DCA 1988)…an accelerated disposition of the case to our attention. The case, therefore, took its normal course until the oral argument, which took place on June 1, 1988.) We again admonish that this situation cannot be permitted to continue. See Hut v. State, 519 So. 2d 1 (Fla. 3d DCA 1987); Cobb v. State, 511 So. 2d 698, 700 n. 3 (Fla. 3d DCA 1987); Johnson v. State, 501 So. 2d 158, 161 n. 7 (Fla. 3d DCA 1987).…
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Cruz v. State, 976 So. 2d 695 (Fla. 4th DCA 2008)…tions are correct, he has already served more than the full sentence which was contemplated by the negotiated plea agreement, and he is entitled to immediate release. See generally Cross v. Navarro, 585 So. 2d 1040 (Fla. 4th DCA 1991); Hut v. State, 519 So. 2d 1 (Fla. 3d DCA 1987). If the record so established, this court would grant the petition; however, because it does not, the petition is transferred to the trial court. On remand we direct the trial court to consider it expeditiously in light of Cruz’s…
Authorities Cited
- Johnson v. State, 501 So. 2d 158 (Fla. 3d DCA 1987)