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547 So. 2d 1269

547 So.2d 1269

14 Fla.L.Weekly 1997

Williams v. State

District Court of Appeal of Florida

Decided August 24, 1989

District Court of Appeal of Florida · decided 1989-08-24

Relies on Williams v. State

Decided 1989-08-24

WILLIS, BEN C. (Ret’d), Associate Judge.

¶1In this case, as in Williams v. State, 541 So.2d 752 (Fla. 1st DCA 1989), the trial court imposed the condition that appellant return on the date set for sentencing after accepting appellant’s plea of nolo conten-dere. Since the condition was not a part of the plea bargain, the trial court should have granted appellant’s motion to withdraw his plea, once the court determined it would not impose sentence in accordance with the terms of the negotiated plea.

¶2Accordingly, we reverse and remand with .directions that appellant be afforded an opportunity to withdraw his nolo conten-dere plea.

SHIVERS, C.J., and ERVIN, J., concur.
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