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TAYLOR v. STATE

No. 97-2044.

710 So.2d 636 (1998)

Christopher Jay TAYLOR, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

As Amended April 21, 1998.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julie M. Levitt, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Doquyen T. Nguyen, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GREEN, JJ.

SCHWARTZ, Chief Judge.

Despite the understanding of all parties to the appellant's entry of a guilty plea that he would serve the agreed seven year sentence in federal prison concurrent to a longer federal sentence, Taylor was in fact transported to and is now serving the sentence in state prison. This violation of the plea bargain obviously entitles the defendant to 3.850 relief from the sentence, see State v. Leroux, 689 So.2d 235

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