Opinion
No. 84-1.
August 21, 1984.
Appeal from Circuit Court, Monroe County; Richard G. Payne, Judge.
Gelber, Glass Durant and Joseph Durant, Miami, for appellant.
Jim Smith, Atty. Gen. and Diane Leeds, Asst. Atty. Gen., for appellee.
Before BARKDULL, HUBBART and JORGENSON, JJ.
Upon review of the record, the briefs, and argument of counsel, it is apparent to this court that the trial judge imposed a sentence at variance with the plea agreement entered into between the state and the defendant. We remand this case to the trial court with directions to conform the sentence to the plea agreement or, in the alternative, permit the defendant to withdraw his plea.
Reversed and remanded with directions.