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Foye v. State

District Court of Appeal of Florida, Third District
Apr 3, 1990
558 So. 2d 537 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2180.

April 3, 1990.

An Appeal from the Circuit Court for Monroe County; Richard G. Payne, Judge.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.


ON CONFESSION OF ERROR


As the state concedes, the trial court's imposition of a probationary term, which was not called for in the plea agreement, was unjustified. Simpson v. State, 467 So.2d 437 (Fla. 5th DCA 1985). Accordingly, the sentence under review is vacated and the cause remanded with directions for the trial court either to impose the sentence agreed upon or permit the appellant to withdraw his plea.


Summaries of

Foye v. State

District Court of Appeal of Florida, Third District
Apr 3, 1990
558 So. 2d 537 (Fla. Dist. Ct. App. 1990)
Case details for

Foye v. State

Case Details

Full title:IRVING FOYE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 3, 1990

Citations

558 So. 2d 537 (Fla. Dist. Ct. App. 1990)

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