GARY L. MACON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GARY L. MACON, APPELLANT,
STATE OF FLORIDA, APPELLEE
596 So. 2d 769
Florida District Court of Appeal, Fifth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
HARRIS, Judge.
Gary L. Macon appeals his sentence entered after he pled to a multi-count information. He contends that the court failed to follow the plea agreement by not ordering the minimum mandatory terms for two counts to run concurrent. However, since the judge did not order the sentences to run consecutive, section 921.16(1), Fla.Stat. (1991) requires that they run concurrent.
AFFIRMED.
GOSHORN, C.J., and DIAMANTIS, J., concur.
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Colon v. State, 905 So. 2d 1000 (Fla. 5th DCA 2005)…1)7 provides that concurrent sentences must be imposed unless the trial court specifically states that the sentences are consecutive. See Hall v. Mayo, 88 So. 2d 845 (Fla.1955); Stevenson v. State, 659 So. 2d 432 (Fla. 5th DCA 1995); Macon v. State, 596 So. 2d 769 (Fla. 5th DCA 1992). In this case, the trial court did not impose consecutive sentences, even after the state called its attention to the issue, by asking the court if it had done so. The response was “I did not say anything.” At the hearing on the…