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Florida District Courts of Appeal, 1986

State v. Talley

State v. Talley
Florida District Courts of Appeal · Decided December 17, 1986 · No. 86-1181 · Danahy, Hall, Lehan
498 So. 2d 1058; 1986 Fla. App. LEXIS 11068 (Southern Reporter, Second Series)
State v. Talley

Opinion of the Court

PER CURIAM.

We reverse and remand for resentencing. See State v. Jackson, 478 So.2d 1054 (Fla. 1985); State v. Esbenshade, 493 So.2d 487 (Fla. 2d DCA 1986). Since the sentence appears to have been a part of a plea bargain, defendant should be given the opportunity to withdraw his plea if a more severe sentence should be contemplated.

DANAHY, C.J., and LEHAN and HALL, JJ., concur.

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