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SHAW v. STATE

No. AV-459.

449 So.2d 307 (1984)

Larry Gene SHAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 16, 1984.

Attorney(s) appearing for the Case

Larry Gene Shaw, pro se.

Jim Smith, Atty. Gen., and Andrea Smith Hillyer, Asst. Atty. Gen., Tallahassee, for appellee.

BARFIELD, Judge.

Shaw appeals the trial court's denial of his Rule 3.850 motion. The issue is whether Shaw should have been permitted to withdraw his guilty plea when the trial court refused to follow a plea agreement. We reverse.

Shaw pled guilty on February 22, 1983, in exchange for a nine year sentence. At Shaw's request his sentencing was postponed until March 2, 1983, and Shaw was allowed to remain free on bond. The trial court's only condition on honoring...

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