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BABBS v. STATE

No. 89-1572.

561 So.2d 1320 (1990)

Keith BABBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 30, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.

HERSEY, Chief Judge.

We reverse and remand with instructions to give appellant an opportunity to withdraw his guilty plea. The plea was entered pursuant to a negotiated plea agreement which was based upon premises later discovered to be inaccurate. As a result, the agreement could not be honored by the state. The result is controlled by the rule in Goldberg v. State, 536 So.2d 364 (Fla.2d DCA 1988), and is substantially different...

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