Parham v. State

In these consolidated appeals, Craig Parham appeals from the denial of his motions to withdraw plea and to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Based on the State’s proper confession of error, we reverse the denial of the defendant’s 3.800(a) motion with respect to count 2 for grand theft, a third degree felony, and remand for resentencing. See § 775.084(4)(a)(3), Fla. Stat. (1993)(a habitual felony offender convicted of a third degree felony shall be sentenced “for a term of years not exceeding 10”). The defendant need not be present for…