District Court of Appeal of Florida October 15, 2003, No. 3D02-2732 (Zapetis v. State)

PER CURIAM.

We reverse the order denying defendant’s motion to correct illegal sentence. The record demonstrates that the trial court had no discretion to impose a habitual offender sentence when such a designation contravenes the terms of the plea agreement. Accordingly, we reverse and remand with instructions that defendant be sentenced to 25 years without the habitual offender designation.