Cioeta v. State

CONFESSION OF ERROR

Don Evans Cioeta appeals the denial of a motion to correct an illegal sentence pursuant to rule 3.800, Florida Rules of Criminal Procedure, challenging his sentence of twenty-seven years in prison. The State has properly confessed error. We therefore reverse and remand.

On August 21, 1989, Cioeta pled guilty to multiple crimes, all of which were second and third degree felonies. The statutory maximum permissible sentences for these crimes at the time Cioeta entered his plea were five years for a third degree felony and fifteen years for a second degree felony. Prior to…