ALEXANDER BAEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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STRINGER, Judge.
Alexander Baez seeks review of the order of the trial court summarily denying his motion to correct illegal sentence. In a separate case number, he appeals an order of the trial court summarily dismissing his motion for postconviction relief as duplica-tive of his motion to correct illegal sentence. On our own motion, we consolidated the two appeals and ordered the State to respond to Baez’s allegations that the trial court failed to comply with the terms of his plea agreement when it significantly increased three of his sentences following resentencing pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). The State concedes that these three sentences should be reversed and the cases remanded for imposition of the sentences originally imposed. We agree; therefore, we reverse and remand for resentencing.
Affirmed in part; reversed in part; and remanded.
ALTENBERND, C.J., and FULMER, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Butler v. State, 917 So. 2d 244 (Fla. 2d DCA 2005)…in a sworn, facially sufficient rule 3.850 motion. Any such motion will not be considered successive and will be considered timely if filed within thirty days from the date of issuance of this court’s mandate in this proceeding. See Woods v. State, 879 So. 2d 22 (Fla. 2d DCA 2004). The postconviction court’s dismissal of Butler’s addendum to his rule 3.850 motion is affirmed without further comment. Affirmed m part, reversed in part, and remanded. KELLY and LaROSE, JJ., Concur.…
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Baez v. State, 9 So. 3d 705 (Fla. 2d DCA 2009)…s. Baez raised that error in a second rule 3.800(a) motion, which the postconviction court denied. This court, however, reversed that denial and “remanded for imposition of the sentences originally imposed” in the second set of cases. Baez v. State, 879 So. 2d 22, 22 (Fla. 2d DCA 2004). Baez then filed a third “motion to correct illegal sentence.” By this motion, Baez alleged that the court imposed an illegal sentence when, after correctly finding a Heggs violation in conjunction with the first set of cases…
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Fields v. State, 915 So. 2d 1232 (Fla. 2d DCA 2005)…Richie v. State, 777 So. 2d 977 (Fla. 2d DCA 1999). Any such motion will not be considered successive and will be considered timely if filed within thirty days from the date of issuance of this court’s mandate in this proceeding. See Woods v. State, 879 So. 2d 22 (Fla. 2d DCA 2004). Fields’ remaining claims are without merit, and we affirm the denial of those claims without further comment. Affirmed. ALTENBERND, and WALLACE, JJ., Concur.…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)