02-0853 ROBERTS V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-0853 ROBERTS V. STATE

Case Date: 12/26/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

JAMES TYRONE ROBERTS, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** **

**

CASE NO.

3D02-853

LOWER TRIBUNAL NO. **

00-11088

Opinion filed December 26, 2002. An appeal from the Circuit Court for Miami-Dade County, Manuel Crespo, Judge. James Tyrone Roberts, in proper person. Richard E. Doran, Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee. Before JORGENSON, GODERICH, and RAMIREZ, JJ. PER CURIAM. James Tyrone Roberts appeals the trial court's denial of his motion to withdraw his plea. part. Roberts was charged with attempted first degree murder of We affirm in part and reverse in

David Francois and Jean Francois.

He pled guilty and was At

sentenced to fifty years, with a 45-year minimum mandatory.

sentencing, the trial court expressed a belief that the law required consecutive sentences. We 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."

Id. at 1173.

See also Stafford v. State, 818 So. We thus affirm the denial of the

2d 693 (Fla. 4th DCA 2002).

motion to withdraw the plea, but reverse for the trial court to impose concurrent minimum mandatory sentences.

2

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