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855 So. 2d 1277

Zapetis v. State

District Court of Appeal of Florida

Decided October 15, 2003

District Court of Appeal of Florida · decided 2003-10-15

Decided 2003-10-15

PER CURIAM.

¶1We 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.

¶2Reversed and remanded.

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