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834 So. 2d 899

Docket No. 3D02-853.

Roberts v. State

James Tyrone ROBERTS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 26, 2002.

Rehearing Denied January 22, 2003.

District Court of Appeal of Florida · decided 2002-12-26

Cited by 2 later decisions — most recently August 2003

2 state decisions

Relies on 814 So. 2d 1172 - Mondesir v. State · 818 So. 2d 693 - Stafford v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-12-26

View the full empirical analysis of this case →

¶1James Tyrone Roberts, in proper person.

¶2Richard E. Doran, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

¶3Before JORGENSON, GODERICH, and RAMIREZ, JJ.

¶4PER CURIAM.

¶5James Tyrone Roberts appeals the trial court's denial of his motion to withdraw his plea. We affirm in part and reverse in part.

¶6Roberts was charged with attempted first degree murder of David Francois and Jean Francois. He pled guilty and was sentenced to fifty years, with a 45-year minimum mandatory. At sentencing, the trial court expressed a belief that the law required consecutive sentences.

¶7We find no abuse of discretion in the trial court's denial of Roberts' motion to withdraw his guilty plea. However, in Mondesir v. State,814 So.2d 1172 (Fla. 3d DCA 2002), a case decided after the trial court's ruling, we held that section 775.087(2)(d) required consecutive sentences "only to another separate crime, rather than those involved in a single prosecution." *900Id. at 1173. See also Stafford v. State,818 So.2d 693 (Fla. 5th DCA 2002). We thus affirm the denial of the motion to withdraw the plea, but reverse for the trial court to impose concurrent minimum mandatory sentences.

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