Opinion
Case No. 95-2703
Opinion filed February 5, 1997.
An Appeal from the Circuit Court for Monroe County, Richard J. Fowler, Judge.
LOWER TRIBUNAL NOS. 95-30128, 92-246
Bennett H. Brummer, Public Defender, and Suzanne M. Froix, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.
Before JORGENSON, LEVY, and GODERICH, JJ.
John Olson appeals from sentences entered following the revocation of his probation and sentencing on the underlying charge and subsequent conviction on a separate charge. As entered, these sentences are to run consecutively; however, the written plea agreement contemplates concurrent sentences. This case is remanded with directions to either sentence the defendant in accordance with the written agreement or allow him the opportunity to withdraw his plea. Kirkman v. State, 559 So.2d 695 (Fla. 3d DCA)(sentence vacated and remanded when the trial court imposed a sentence other than that contemplated in the written plea agreement without explicitly giving the defendant the opportunity to withdraw the plea), review denied, 574 So.2d 143 (Fla. 1990).
Vacated and remanded.