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STOCKER v. STATE

No. 90-842.

564 So.2d 291 (1990)

John STOCKER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 31, 1990.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before COPE, LEVY and GERSTEN, JJ.

PER CURIAM.

The State concedes that at sentencing the trial court departed from the terms of the negotiated plea pursuant to which the defendant had pled guilty. That being so, the defendant must be afforded the opportunity to withdraw his plea and proceed to trial. Foye v. State, 558 So.2d 537 (Fla. 3d DCA 1990). The cause is remanded with directions to resentence in accordance with the plea agreement or to permit the defendant...

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