JEFFERY K. FLORES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Jeffery K. Flores, the appellant, challenges an order denying relief sought in his motion filed pursuant to rule 3.800(a), Florida Rules of Criminal Procedure. Appellant claimed several errors in his guidelines seoresheet, but the lower court denied relief, on the authority of Hill v. State, 730 So. 2d 322 (Fla. 1st DCA 1999), because appellant was sentenced pursuant to a plea agreement. The record on appeal, however, does not substantiate the lower court’s statement that appellant was sentenced pursuant to a plea agreement. The state, upon issuance of a Toler1 order, has conceded that a remand is required so that the lower court m.ay attach to its order denying post-conviction relief portions of the record demonstrating that appellant was sentenced pursuant to a plea agreement and hence is not entitled to relief on the grounds stated in his motion. See Floyd v. State, 735 So. 2d 504 (Fla. 1st DCA 1999).
The cause is therefore REVERSED and REMANDED.
LAWRENCE, DAVIS AND VAN NORTWICK, JJ., CONCUR. . Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Awad v. State, 778 So. 2d 1035 (Fla. 4th DCA 2001)…is required so that the lower court may attach to its order portions of the record demonstrating that Appellant was sentenced pursuant to a plea agreement and hence is not entitled to relief on the grounds stated in his motion. See Flores v. State, 747 So. 2d 485 (Fla. 1st DCA 2000). If the trial court is unable to provide the record attachments, the trial court is directed to enter an order permitting Appellant to refile a legally sufficient rule 3.850 motion for post-conviction relief within thirty days of…
Authorities Cited
- Toler v. State, 493 So. 2d 489 (Fla. 1st DCA 1986)
- Hill v. State, 730 So. 2d 322 (Fla. 1st DCA 1999)
- Cunningham v. State, 735 So. 2d 504 (Fla. 1st DCA 1999)
- Floyd v. State, 735 So. 2d 504 (Fla. 1st DCA 1999)