Lowery v. State

In this Anders1 appeal, Joseph Lowery seeks reversal of the circuit court’s grant *555of his motion to correct illegal sentence to add a 3-year minimum mandatory provision, pursuant to section 775.087(2), Florida Statutes, but denying his request to withdraw his plea entered December 14, 2000. Appellant argues that he is entitled to withdraw his plea upon the entry of the corrected sentence because the 3-year mandatory minimum provision violates his original plea agreement. He relies on Hurd v. State, 807 So.2d 753 (Fla. 3d DCA 2002) and State v. Moore, 854 So.2d 832 (Fla. 5th DCA 2003) (where…