BAXTER v. STATE

No. 85-1221.

488 So.2d 647 (1986)

James Michael BAXTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 15, 1986.


Attorney(s) appearing for the Case

Eric A. Latinsky, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

This is another sentencing guideline departure case.

The trial court did not err in disallowing the defendant to withdraw his negotiated plea in this case where (1) the court did not enter into the plea negotiations, (2) the court made the necessary inquiry to determine that the plea was voluntarily and intelligently entered and ascertained that there was a factual basis for the plea, and (3) the State fully performed its plea bargain agreement...

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