Mayolo v. State

ON MOTION FOR REHEARING

The opinion is withdrawn and the following is substituted in its place.

David Mayolo appeals the denial of his motions to enforce a plea agreement and to correct an illegal sentence. In his motion to enforce the plea agreement, appellant actually seeks to withdraw from the plea because of his liability for the costs of incarceration mandated by sections 960.293(2)(a) and 960.297(2), Florida Statutes (Supp.1994). Appellant should have raised this in a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Appellant is unable to file a…