Moore v. State

Craig Moore appeals the denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.850. His motion alleges the court violated the terms of his plea agreement when it sentenced him to consecutive terms of incarceration. Because neither the trial court’s order nor the record before us adequately refutes this claim, we reverse.

Moore pleaded guilty to a charge of lewd and lascivious conduct in the presence of a child under the age of sixteen years, and to two charges of attempted sexual battery. Pursuant to his plea agreement, Moore was given concurrent sentences…