GONZALEZ v. STATE

No. 94-01563.

661 So.2d 20 (1994)

Roberto Evelio GONZALEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 15, 1995.


Attorney(s) appearing for the Case

Daniel L. Castillo, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


BLUE, Judge.

Robert Evelio Gonzalez appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse because the record suggests that Gonzalez received an excessive sentence upon violation of community control.

Gonzalez entered a plea to a reduced charge of attempted sexual battery and received a 22-year suspended sentence and 10 years of probation. That sentence was later modified to a suspended...

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