SMITH v. STATE

No. 90-00715.

559 So.2d 463 (1990)

John M. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 20, 1990.


PER CURIAM.

John Smith appeals the summary denial of his motion for postconviction relief. We reverse.

Smith claims that he was promised a sentence of no more than two and one-half years if he would enter a plea to escape charges. Instead, he received four years. If so, Smith would be entitled either to enforce the plea agreement or, if the trial court were unwilling to accept the agreement, withdraw his plea.

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