NESMITH v. STATE

Nos. 79-247, 79-248.

374 So.2d 1139 (1979)

Nathaniel NESMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 14, 1979.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow, and Wayne Chalu, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Judge.

We are once again faced with the question of whether the trial court should have allowed appellant an opportunity to withdraw a negotiated plea of guilty before sentencing where the court had determined it could not honor the terms of the plea bargain. We reverse.

Appellant and another individual were charged in separate informations with two counts of burglary. On June 27, 1978, appellant was brought before the court for arraignment, and...

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