¶1We conclude that the trial court correctly found, after a full evidentiary hearing, that appellant failed to comply with the terms of his plea agreement, thus the trial court properly vacated his sentence and resentenced him. McCoy v. State, 599 So.2d 645 (Fla.1992). The plea agreement required the appellant to testify against his co-defendant, identifying him as the shooter in a homicide prosecution. The testimony was to be consistent with his prior sworn statement. However, at his deposition, appellant claimed that he could not remember most of the information contained in his prior sworn statement, and would not identify the co-defendant as the shooter. We therefore affirm.
863 So. 2d 382
Parks v. State
District Court of Appeal of Florida
Decided December 17, 2003
District Court of Appeal of Florida · decided 2003-12-17
Cited by 1 later decisions — most recently August 2018
1 state decisions
Relies on 599 So. 2d 645 - McCoy v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2003-12-17
View the full empirical analysis of this case →