Florida District Courts of Appeal, 1990

Stocker v. State

Florida District Courts of Appeal · Decided July 31, 1990 · Cope, Gersten, Levy

564 So. 2d 291; 1990 Fla. App. LEXIS 5647; 1990 WL 107822 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Gelber (Fla. Dist. Ct. App. 1991)
Manuel v. State (Fla. Dist. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The State concedes that at sentencing the trial court departed from the terms of the negotiated plea pursuant to which the defendant had pled guilty. That being so, the defendant must be afforded the opportunity to withdraw his plea and proceed to trial. Foye v. State, 558 So.2d 537 (Fla. 3d DCA 1990). The cause is remanded with directions to resentence in accordance with the plea agreement or to permit the defendant to withdraw his plea.

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