Rosario v. State

Confession of Error

Jose Rosario appeals an order denying his motion to correct illegal sentence, which we treat as a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Upon the State’s confession of error, we reverse the order now before us.

Defendant-appellant Rosario entered a guilty plea to burglary with an assault and grand theft, in exchange for a sentence of twenty-eight months incarceration. During the plea colloquy, the defendant informed the court that there was a pending control release violation. Defendant desired that the twenty-eight month sentence…