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541 So. 2d 752

Docket No. 88-746.

Williams v. State

Cederic WILLIAMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1989-04-11

Cited by 6 later decisions — most recently December 1998

5 state decisions

Relies on 489 So. 2d 1215 - Moore v. State · Nesmith v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-11

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¶1Michael E. Allen, Public Defender and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

¶2No appearance for appellee.

¶3ERVIN, Judge.

¶4The condition imposed by the trial court that appellant return for sentencing on a date certain was imposed following the acceptance of appellant's plea of guilty, and the condition was not a part of the plea bargain; therefore, the trial court erred in failing to give appellant the opportunity to withdraw his plea, once it decided not to impose a sentence in accord with the negotiated plea. See Moore v. State,489 So.2d 1215, 1216 (Fla. 2d DCA 1986); Nesmith v. State,374 So.2d 1139 (Fla. 2d DCA 1979).

¶5REVERSED and REMANDED with directions that appellant be given the opportunity, upon his motion, to withdraw his plea of guilty and enter a plea of not guilty.

¶6SMITH, C.J., and NIMMONS, J., concur.

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