Opinion
No. 89-744.
January 9, 1990.
Appeal from the Circuit Court for Dade County, David L. Tobin, J.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.
Before BASKIN, FERGUSON and JORGENSON, JJ.
On appeal, Basil Nelson contends that the trial court erred in deviating from a written plea agreement he entered into with the state. Because the record shows that the court took no evidence at the sentencing hearing but instead relied upon representations of counsel, we vacate the sentence entered and remand for an evidentiary hearing and appropriate sentencing. "[R]epresentations by counsel not made under oath and not subject to cross-examination, absent a stipulation, are not evidence." State v. T.A., 528 So.2d 974 (Fla. 2d DCA 1988) (citations omitted).
Sentence vacated; remanded with instructions.