Wallen v. State

This appeal originates from the decision issued by this court in Wallen v. State, 877 So.2d 737 (Fla. 5th DCA 2004), wherein we held that although Wallen had entered into a plea agreement to serve a fifteen-year sentence for aggravated assault with a deadly weapon, the sentence was illegal. Id. at 738. We vacated the sentence and remanded the ease to allow the State to either agree to a legal sentence or withdraw from the plea agreement and proceed to trial. However, before the mandate issued from this court the trial court resentenced Wallen.

While we acknowledge the attempts of the trial…