Hughes v. State

EN BANC

COHEN, J.

Cortez Hughes appeals the modification of his sentence, arguing that the trial court erred in restructuring a legal sentence to run consecutively to a modified illegal sentence. We agree and reverse.1 In doing so, we recede from Smith v. State, 147 So.3d 1077, 1078 (Fla. 5th DCA 2014), to the extent it holds that a sentence imposed for counts not challenged by the defendant on appeal may be restructured when the court is not effectuating the terms of a plea bargain.

Following trial, a jury convicted Hughes of manslaughter with a firearm and possession of a firearm by a…