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ROCCO v. SINGLETARY

No. 99-5.

729 So.2d 508 (1999)

Anthony ROCCO, Petitioner, v. Harry K. SINGLETARY, Secretary of Florida Department of Corrections, etc., Respondent.

District Court of Appeal of Florida, Third District.

April 7, 1999.

Attorney(s) appearing for the Case

Anthony Rocco, in proper person.

Robert A. Butterworth, Attorney General, and Dominique T. Suite-Brown, Assistant Attorney General, for respondent.

Before NESBITT, FLETCHER and SHEVIN, JJ.

PER CURIAM.

In accordance with the state's proper confession of error, we grant defendant a belated appeal. See Robinson v. State, 373 So.2d 898 (Fla. 1979). As the state concedes, defendant's sentence is not in accord with the plea agreement; the court imposed consecutive rather than concurrent sentences in case number 93-15639. We, therefore, vacate defendant's sentence. On remand, the trial court is directed to resentence...

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