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Bryant v. State

District Court of Appeal of Florida, First District
Oct 26, 1993
625 So. 2d 140 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-519.

October 26, 1993.

An appeal from the circuit court for Gulf County; Dedee S. Costello, Judge.

Nancy A. Daniels, Public Defender, and Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.


David Bryant appeals a final judgment which adjudicated him guilty of second degree murder and sentenced him to a 20-year term of imprisonment. Bryant contends that the circuit court erred in exceeding the 12-17 year sentence stated in the written plea agreement without first giving him an opportunity to withdraw his plea. The state properly concedes error.

Accordingly, the final judgment is reversed and this cause is remanded with directions that the trial judge either reduce Bryant's sentence to the term agreed upon in the written plea agreement or allow Bryant an opportunity to withdraw his plea. See Fla. R.Crim.P. 3.172(f) and (g). See also Davis v. State, 308 So.2d 27 (Fla. 1975); Heidelburg v. State, 622 So.2d 573 (Fla. 2d DCA 1993).

REVERSED AND REMANDED.

ZEHMER, C.J., KAHN, J., and SHIVERS, Senior Judge, concur.


Summaries of

Bryant v. State

District Court of Appeal of Florida, First District
Oct 26, 1993
625 So. 2d 140 (Fla. Dist. Ct. App. 1993)
Case details for

Bryant v. State

Case Details

Full title:DAVID F. BRYANT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 26, 1993

Citations

625 So. 2d 140 (Fla. Dist. Ct. App. 1993)