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Davis v. State

District Court of Appeal of Florida, Fourth District
Jul 10, 1985
473 So. 2d 753 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2671.

July 10, 1985.

Appeal from Circuit Court, Broward County; Stanton S. Kaplan, Judge.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for appellee.


Richard Davis appeals from an order of probation and an order denying his motion to correct sentence. We reverse on the authority of Alvis v. State, 421 So.2d 769 (Fla. 4th DCA 1982). The special conditions of probation imposed were not contemplated by the plea agreement pursuant to which the defendant pled guilty. Accordingly, we reverse the judgment and imposition of probation and remand with instructions that appellant either be permitted to withdraw his plea of guilty or that appellant be resentenced within the parameters of the plea agreement.

HERSEY, C.J., and LETTS and BARKETT, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Fourth District
Jul 10, 1985
473 So. 2d 753 (Fla. Dist. Ct. App. 1985)
Case details for

Davis v. State

Case Details

Full title:RICHARD DEAN DAVIS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 10, 1985

Citations

473 So. 2d 753 (Fla. Dist. Ct. App. 1985)

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