ZAPETIS v. STATE

No. 3D02-2732.

855 So.2d 1277 (2003)

George N. ZAPETIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 15, 2003.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for Appellant.

Charles J. Christ, Jr., Attorney General, and Barbara A. Zappi (Ft. Lauderdale), Assistant Attorney General, for Appellee.

Before COPE, SHEVIN and WELLS, JJ.


PER CURIAM.

We reverse the order denying defendant's motion to correct illegal sentence. The record demonstrates that the trial court had no discretion to impose a habitual offender sentence when such a designation contravenes the terms of the plea agreement. Accordingly, we reverse and remand with instructions that defendant be sentenced to 25 years without the habitual offender designation.

Reversed...

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