VELAZQUEZ v. STATE

No. 5D11-2425.

70 So.3d 741 (2011)

Jesus VELAZQUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 23, 2011.


Attorney(s) appearing for the Case

David Casals , of Law Office of David Casals, West Palm Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

Appellant, Jesus Velazquez, appeals the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. The record is exceedingly clear that the trial court intended to impose upon him a three-year prison sentence, but by inadvertence announced a six-year sentence. Inasmuch as defense counsel failed to object to the miscalculated sentence, and because Mr. Velazquez is currently serving the six-year sentence, we reverse.

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