BURCH v. STATE

No. 3D98-3257.

758 So.2d 738 (2000)

Barfield BURCH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 17, 2000.


Attorney(s) appearing for the Case

Barfield Burch, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, FLETCHER and SORONDO, JJ.


PER CURIAM.

Barfield Burch (defendant) appeals an order denying his motion to vacate, set aside and/or correct illegal sentence. We affirm in part and reverse in part.

The defendant first alleges that the trial court erred in departing from his agreed upon sentence made pursuant to a plea for his failure to appear at the initial sentencing hearing, where the failure to appear was not attributable to him. This claim is procedurally barred. In 1993 the defendant...

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