Opinion
No. 94-2075.
August 2, 1995.
Appeal from order denying rule 3.850 motion from the Circuit Court for Palm Beach County; Richard B. Burk, Judge.
Michael Dubiner of Dubiner Blumberg, P.A., Boynton Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ettie Feistmann, Asst. Atty. Gen., West Palm Beach, for appellee.
OPINION ON REHEARING
We withdraw our previous per curiam affirmance and substitute the following opinion.
The state concedes having stipulated that the defendant should be permitted to withdraw his plea of guilty to the violation of probation. Thus, the undisputed evidence that the state breached its stipulation to allow appellant to vacate his plea to the probation violation requires reversal of the denial of defendant's 3.850 motion.
REVERSED AND REMANDED.
GUNTHER, C.J., and STEVENSON and SHAHOOD, JJ., concur.