CANTY V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 KEITH H. CANTY, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D05-357 ** ** ** LOWER TRIBUNAL NOS. 03-31045 03-16480 01-34599 Opinion filed September 28, 2005. An Appeal under Florida Rule of Appellate Procedure 9.141(b) (2) from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge. Keith H. Canty, in proper person. Charles J. Crist, Jr., Attorney General, and Fleming, Assistant Attorney General, for appellee. Angel L. Before GERSTEN, GREEN, and FLETCHER, JJ. PER CURIAM. Keith Canty appeals from the trial court s order denying his motion to define or clarify sentence pursuant to Florida Rule of Criminal Procedure 3.700(b). We treat this as a Motion to Correct Sentence under Florida Rule of Criminal Procedure 3.850. Canty claims that his plea agreement provided concurrent and coterminous sentences in three cases. for The docket sheets, judgments and sentences in the circuit court cases do not indicate that the sentences are coterminous. However, the forms attached to Canty s motion to define sentence include a handwritten notation that the sentences will run concurrent and coterminous. Because terms of his Canty plea has alleged agreement an and inconsistency the sentence between the imposed, and because there is no transcript of the plea colloquy to determine the terms of the plea agreement and sentence, the record fails to conclusively demonstrate that Canty is not entitled to the relief he seeks. Accordingly, we reverse and remand. On remand the trial court is directed to either attach those portions of the record that conclusively refute Canty s claim, or to award him the relief that he seeks. 2
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