Ross v. State

John Ross appeals the summary denial of his motion for reduction of sentence. We reverse.1

*510Ross alleges that he agreed to plead to a charge of violating probation in exchange for a sentence of 2½' years, to run concurrently with an existing sentence from Pi-nellas County. Instead, the two sentences are consecutive. Neither the trial court’s order nor the record rebut this claim. Accordingly, further proceedings are necessary.

If Ross’s factual assertions are true, and the present sentence structure is merely the result of oversight, Ross would be entitled to receive the sentence promised him in…