Lightfoot v. State

Full title: GREGORY LIGHTFOOT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Nov 18, 1988

533 So. 2d 930 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1677.

November 18, 1988.

Appeal from the Circuit Court for Leon County, L. Ralph Smith, Jr., J.

Michael E. Allen, Public Defender and Phil Patterson, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen. and Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant's timely motion to withdraw his plea, which was made after the trial judge refused the jointly recommended sentence of the state and defense counsel, should have been granted. Stanley v. State, 501 So.2d 90 (Fla. 1st DCA 1987). Because the appellant is still on probation, his case is not moot.

REVERSED and REMANDED.

ERVIN, WENTWORTH and ZEHMER, JJ., concur.