VELAZQUEZ V. STATE

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 ALEXI ANTONIO VELAZQUEZ, Appellant, ** ** vs. ** CASE NO. 3D03-1192 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 02-9857 Appellee. ** Opinion filed February 4, 2004. An appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Bennett H. Brummer, Public Defender Assistant Public Defender, for appellant. and Charles J. Crist, Jr., Attorney General Polin, Assistant Public Defender, for appellee. Robert and Before SCHWARTZ, C.J., and GREEN and SHEPHERD, JJ. CONFESSION OF ERROR Godfrey, Richard L. PER CURIAM. Upon the State s proper confession of error that Velazquez s restitution should be reduced from $ 1,860 to $1,828 to conform to the terms of Velazquez s plea agreement, we instructions to reduce restitution accordingly. remand with See Garcia v. State, 722 So. 2d 905, 907 (Fla. 3d DCA 1998) ( A plea agreement is a contract and the rules of contract law apply to plea agreements. ); State v. Frazier, 697 So. 2d 944, 945 (Fla. 3d DCA 1997) ( [T]he state, above all parties, must keep its word. ). We otherwise affirm the order revoking and modifying the terms of Velazquez s probation. Affirmed in part, remanded with instructions.

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