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Short v. State

District Court of Appeal of Florida, Fourth District
Oct 3, 1990
567 So. 2d 61 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2410.

October 3, 1990.

Appeal from the Circuit Court for St. Lucie County; Marc A. Cianca, Judge.

Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.


The court agrees that the trial court erred in denying appellant's motion to withdraw his guilty plea where the recommended sentence in the PSI differed from the recommendation given by the prosecutor, Lee v. State, 501 So.2d 591 (Fla. 1987); Curry v. State, 513 So.2d 204 (Fla. 4th DCA 1987), and where the prosecutor violated the terms of the plea agreement by recommending a three and a half year incarcerative sentence prior to appellant's sentencing, Jackson v. State, 515 So.2d 349 (Fla. 1st DCA 1987).

We reverse and remand with instructions to allow the appellant to withdraw his guilty plea.

LETTS, WALDEN and WARNER, JJ., concur.


Summaries of

Short v. State

District Court of Appeal of Florida, Fourth District
Oct 3, 1990
567 So. 2d 61 (Fla. Dist. Ct. App. 1990)
Case details for

Short v. State

Case Details

Full title:SHANE RAMOND SHORT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 3, 1990

Citations

567 So. 2d 61 (Fla. Dist. Ct. App. 1990)

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