BIRDSALL v. STATE

No. 76-2102.

350 So.2d 798 (1977)

Andrew S. BIRDSALL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 1, 1977.


Attorney(s) appearing for the Case

Stuart A. Markus of Markus, Winter & Spitale, P.A., Miami, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

AFFIRMED.

ALDERMAN, C.J., and DOWNEY, J., concur.

ANSTEAD, J., dissents, with opinion.

ANSTEAD, Judge, dissenting:

The appellant, Andrew S. Birdsall, seeks to overturn his conviction and sentence and an opportunity to withdraw the plea of guilty upon which the conviction and sentence were based. On appeal he claims his plea of guilty was predicated upon an implied promise of leniency by the trial judge who accepted his plea...

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