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STATE v. VIELE

No. 89-1701.

559 So.2d 1304 (1990)

STATE of Florida, Appellant, v. Dwight VIELE, Appellee.

District Court of Appeal of Florida, Fourth District.

April 25, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonzo, Asst. Atty. Gen., West Palm Beach, for appellant.

R.H. Bo Hitchcock of Hitchcock & Cunningham, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

The issue which we address is whether a trial court can modify a negotiated sentence and resentence contrary to an agreed upon plea bargain. The defendant acquiesced to a seven-year term because he thought he would receive gain time. He relied on his trial attorney for this assumption. Since his plea was based on a material mistake of law, the plea was invalid and the trial judge modified it. The state maintains that Jolly v. State,

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