Opinion
No. 85-450.
December 31, 1985. Rehearing Denied January 29, 1986.
Rule 3.850 appeal from Circuit Court, Broward County; Russell E. Seay, Jr., Judge.
Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse the denial of appellant's 3.850 motion to vacate his sentence. We hold that appellant gave substantial assistance to the State and his sentence should be mitigated from a fifteen year mandatory minimum to a five year mandatory minimum.
REVERSED AND REMANDED.
LETTS, J., and BOARDMAN, EDWARD F., Associate Judge (Retired), concur.
ANSTEAD, J., concurs in part and dissents in part with opinion.
Although I am also concerned about the actions of the state in following through in good faith on any agreements made with the appellant, both before and after sentencing, I would stop short of mandating a reduction in appellant's sentence. Instead, I favor remand to have the trial court determine precisely what the agreements were; whether there has been a breach; and to what relief, including plea withdrawal, the appellant may be entitled, assuming the agreements are invalidated or found to have been breached by the state. Cf. Noon v. State, 480 So.2d 668 (Fla. 4th DCA 1985).