Fitzpatrick v. State

Matthew Fitzpatrick challenges the denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) wherein he sought relief from the imposition of concur*806rent sentences of ten years in prison followed by ten years’ probation. As one aspect of his claim which is facially sufficient has not been refuted by the trial court, we reverse.

Fitzpatrick’s sentence, contrary to his assertions, comports with that required by the sentencing guidelines, which calls for a term in the permitted range of 5Y¿ to 12 years. He represents that on all counts he was sentenced to an aggregate of…