Nieves v. State

On a Rule 3.850 motion, Benjamin Nieves challenges the validity of his sentence, pursuant to a guilty plea, on a charge of lewd assault. We agree with Nieves that the length of the sentence was improperly calculated. Therefore, we vacate the sentence and remand to the trial court, for the reasons stated below.

On September 12, 1997, Nieves was sentenced, pursuant to a guilty plea, to thirty months in prison, followed by five years probation, on a lewd assault charge. At the time of this sentencing, Nieves was already in prison serving a thirty-month sentence for a similar crime on the same…