Florida District Courts of Appeal, 1993

Rolison v. State

Rolison v. State
Florida District Courts of Appeal · Decided April 5, 1993 · Barfield, Joanos, Zehmer
618 So. 2d 275; 1993 Fla. App. LEXIS 4185; 1993 WL 96769 (Southern Reporter, Second Series)

Rolison v. State

Opinion of the Court

PER CURIAM.

Appellant, Terry Rolison, challenges a restitution order requiring him to pay restitution in the total amount of $27,300.00. Our examination of the record in this cause reveals that the restitution obligation was not a part of the negotiated plea agreement. Since the sentencing disposition did not follow the terms of the plea agreement, the matter must be reversed and remanded for resentencing. Prior to resentencing, if the trial court again determines to exceed the bounds of the plea agreement, appellant must be given an opportunity to withdraw his plea.

Accordingly, this cause is reversed and remanded for resentencing.

JOANOS, C.J., and ZEHMER and BARFIELD, JJ., concur.

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