KRAUS v. STATE

No. 3D05-621.

921 So.2d 645 (2005)

John KRAUS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Granting Rehearing March 15, 2006.


Attorney(s) appearing for the Case

John Kraus, in proper person.

Charles J. Crist, Jr., Attorney General, and Ishir Mehta, Assistant Attorney General, for appellee.

Before COPE, C.J., and SHEPHERD and ROTHENBERG, JJ.


COPE, C.J.

John Kraus appeals an order denying his motion to correct illegal sentence under Florida Rule of Criminal Procedure 3.800(a). We affirm in part and reverse in part.

Defendant-appellant Kraus entered into a plea agreement in Miami-Dade County circuit court case number 01-14126 ("the 2001 case") and case number 96-5770 ("the 1996 case"). In the 2001 case the agreement called for a fifteen-year sentence with a mandatory minimum sentence of fifteen...

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