Duer v. State

Duer appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850. He seeks to have his two-year community control sentence, which was to follow a seven-year prison term, stricken because it was not part of his plea agreement. Duer also argues he should be resentenced because the state failed to prove the dates and time the offenses occurred in one criminal case, thereby causing him to serve 85% of his sentence pursuant to section 944.275(4)(b), Florida Statutes, which applies to offenses committed on or after October 1, 1995. We affirm.

In 1996,…