State v. Talley

Full title: STATE OF FLORIDA, APPELLANT, v. WILLIAM TALLEY, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Dec 17, 1986

498 So. 2d 1058 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-1181.

December 17, 1986.

Appeal from the Circuit Court for Highlands County; Thomas M. Langston, Judge.

Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and D.P. Chanco, Asst. Public Defender, Bartow, for appellee.

PER CURIAM.

We reverse and remand for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla. 1985); State v. Esbenshade, 493 So.2d 487 (Fla. 2d DCA 1986). Since the sentence appears to have been a part of a plea bargain, defendant should be given the opportunity to withdraw his plea if a more severe sentence should be contemplated.

DANAHY, C.J., and LEHAN and HALL, JJ., concur.