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554 So. 2d 1231

State v. White

District Court of Appeal of Florida

Decided January 11, 1990

District Court of Appeal of Florida · decided 1990-01-11

Relies on 532 So. 2d 1083 - State v. White

Decided 1990-01-11

HARRIS, Judge.

¶1The State appeals the resentence given Robert Lucian White following remand *1232from this court’s decision in State v. White, 532 So.2d 1083 (Fla. 5th DCA 1988). The State claims the new sentence not only is inconsistent with the plea agreement but also violates this court’s mandate. We agree and reverse.

¶2This court held in the prior appeal that if the trial court accepted the negotiated plea it was bound to the defendant and to the State to sentence within the agreement or to permit the State to withdraw from the agreement and to proceed to trial on the original information. At resentencing the trial court again departed from the negotiated sentence without affording the State the option of proceeding to trial.

¶3Again we reverse the sentence and remand for resentencing pursuant to the negotiated agreement or, if the court finds the agreement unacceptable, trial on the original information.

¶4REVERSED and REMANDED.

COWART and PETERSON, JJ„ concur.
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