SMITH v. STATE

No. BP-489.

513 So.2d 197 (1987)

Benny Ray SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 21, 1987.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Pamela D. Presnell, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., John Koenig and Mark C. Menser, Asst. Attys. Gen., for appellee.


WENTWORTH, Judge.

This is an appeal from a departure sentence of twelve years incarceration imposed pursuant to a negotiated plea agreement, after this court's invalidation of an earlier sentence for insufficiency of other reasons for exceeding guidelines, and remand for resentencing. Appellant contends the trial court erred in resentencing him based solely on the plea agreement. This court had found in the prior appeal that the referenced agreement was not a clear...

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