STATE v. BAILEY

No. 97-2688.

716 So.2d 854 (1998)

STATE of Florida, Appellant, v. Jimmie Lee BAILEY, Appellee.

District Court of Appeal of Florida, Fifth District.

September 4, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

No Appearance for Appellee.


PER CURIAM.

The state appeals the trial court's order granting Jimmie Lee Bailey's (defendant) motion to correct an illegal sentence.1 We affirm.

Although the written plea agreement refers only to second-degree murder, makes no reference to a firearm, and calls for the sixty-year sentence now complained of, the subsequent sentencing colloquy and the judgment establish that the defendant was actually adjudicated guilty of second...

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