MACKER v. STATE

No. 85-2687.

500 So.2d 256 (1986)

Joseph MACKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 3, 1987.


Attorney(s) appearing for the Case

Harvey S. Swickle, North Miami Beach, for appellant.

Jim Smith, Atty. Gen., and Susan Odzer Hugentugler, Asst. Atty. Gen., for appellee.

Before HENDRY, NESBITT and PEARSON, DANIEL S., JJ.


NESBITT, Judge.

Macker appeals from the trial court's denial of his motion for post conviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. He contends that the state's failure to abide by the plea agreement, entered into by both parties, negates the voluntary nature of his guilty pleas and that the pleas ought to be vacated. We agree and reverse.

The facts of this case are undisputed. Macker agreed to plead guilty to four counts each...

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