JOHNSON v. STATE

No. 79-1140.

378 So.2d 335 (1980)

Danny C. JOHNSON, a/K/a Danny Clifford Johnson, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 9, 1980.


Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, David A. Davis, Asst. Public Defender and Douglas A. Lockwood, Legal Intern, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Eula Tuttle Mason, Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Chief Judge.

Where a defendant pleads guilty pursuant to a plea bargain and the court places him on probation, if he violates his probation can the court sentence him to a term in excess of the provisions of the original bargain? We answer the question in the affirmative.

The state charged appellant with armed robbery and carrying a concealed weapon. He pled guilty pursuant to a plea bargain under which he was to receive no more than concurrent sentences...

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