¶1Appellant has urged that he entered a negotiated plea of nolo contendere to a charge of grand theft, with the understanding that he would receive a five-year sentence. He appeals the imposition of an eight-year sentence as an habitual felony offender, alleging the trial court erred in imposing a sentence greater than the five-year sentence appellant understood he would receive, without affording appellant an opportunity to withdraw the plea. We affirm, without prejudice to appellant’s right to file a motion to withdraw his plea. See Murray v. State, 566 So.2d 30 (Fla. 1st DCA 1990).
588 So. 2d 330
Polite v. State
District Court of Appeal of Florida
Decided November 6, 1991
District Court of Appeal of Florida · decided 1991-11-06
Relies on Murray v. State
Decided 1991-11-06