586 So. 2d 509

John Edward ROSS, Appellant, v. STATE of Florida, Appellee.

No. 91-02782.

District Court of Appeal of Florida, Second District.

Oct. 4, 1991.

PER CURIAM.

John Ross appeals the summary denial of his motion for reduction of sentence. We reverse.1

*510Ross alleges that he agreed to plead to a charge of violating probation in exchange for a sentence of 2½' years, to run concurrently with an existing sentence from Pi-nellas County. Instead, the two sentences are consecutive. Neither the trial court’s order nor the record rebut this claim. Accordingly, further proceedings are necessary.

If Ross’s factual assertions are true, and the present sentence structure is merely the result of oversight, Ross would be entitled to receive the sentence promised him in return for the plea. Apart from that, however, Ross would not be entitled to enforce the plea agreement over the objection of the trial court. See, e.g., Lepper v. State, 451 So.2d 1020 (Fla. 1st DCA 1984).2 We remand this case to the trial court with instructions to re-examine the record and determine whether valid reasons existed to deny Ross the sentence he claims to have been promised. In the event the trial court again denies the motion after remand, it should attach to its order any supporting documentation.

Reversed.

DANAHY, Acting C.J., and LEHAN and PATTERSON, JJ„ concur.

Ross v. State
586 So. 2d 509

Case Details

Name
Ross v. State
Decision Date
Oct 4, 1991
Citations

586 So. 2d 509

Jurisdiction
Florida

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