Perkins v. State

KELLY, Judge.

Curtis Perkins appeals the order denying his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The State appropriately concedes error. We reverse and remand for resentencing.

Perkins entered guilty pleas to the third-degree felonies of petit theft (two counts), possession of cocaine, and failure to appear in exchange for concurrent sentences of 80.3 months’ imprisonment and the State’s agreement to drop another failure to appear charge. After his unsuccessful attempt to argue that his trial counsel was ineffective for failing to…