Foye v. State

Irving FOYE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided April 3, 1990.

District Court of Appeal of Florida · decided 1990-04-03

Relies on 467 So. 2d 437 - Simpson v. State

Decided 1990-04-03

¶1Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

¶4

ON CONFESSION OF ERROR

¶5PER CURIAM.

¶6As the state concedes, the trial court's imposition of a probationary term, which was not called for in the plea agreement, was unjustified. Simpson v. State, 467 So.2d 437 (Fla. 5th DCA 1985). Accordingly, the sentence under review is vacated and the cause remanded with directions for the trial court either to impose the sentence agreed upon or permit the appellant to withdraw his plea.