KELLY v. FLORIDA PAROLE COM'N

No. 98-2656.

728 So.2d 1223 (1999)

Andre KELLY, Appellant, v. FLORIDA PAROLE COMMISSION, Appellee.

District Court of Appeal of Florida, First District.

April 6, 1999.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Randolph P. Murrell, Assistant Public Defender, Tallahassee, for Appellant.

Bradley R. Bischoff, Assistant General Counsel, Florida Parole Commission, Tallahassee, for Appellee.


JOANOS, J.

Appellant pled nolo contendere to first degree murder, a capital felony, in 1997, for an offense that occurred in 1996. Pursuant to a plea agreement, the trial court sentenced him to life in prison with a provision that he would be eligible for parole after 25 years. Appellant asserts that, at the time of sentencing, the court, the prosecutor, and the defendant realized there might be a problem with the sentence imposed, because as of May, 1994, section...

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