EVANS v. STATE

No. 89-2505.

567 So.2d 553 (1990)

Gregory Wayne EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

October 4, 1990.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterwroth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

At the time the defendant entered pleas of nolo contendere the state attorney and the sentencing court agreed the defendant would be sentenced to incarceration for no more than an applicable three year minimum mandatory sentence. However, the defendant was later sentenced to six years incarceration which was within the statutory maximums and within the recommended guidelines sentence of 5 1/2-7 years incarceration. He appeals.

Although a sentencing...

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