FORTINI v. STATE

No. 84-2002.

472 So.2d 1383 (1985)

Frederick James FORTINI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 31, 1985.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


HERSEY, Chief Judge.

Appealed is a conviction and sentence entered pursuant to a plea bargain. At issue is whether the state violated the plea bargain. Appellant's motion to withdraw plea grounded upon such violation was denied. We reverse.

Frederick James Fortini entered a plea of nolo contendere to a charge of use of a motor vehicle to commit a battery. In exchange for the plea, the assistant state attorney agreed that "the state" would recommend a five...

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