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SMITH v. STATE

No. 91-1125.

590 So.2d 32 (1991)

Robert SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert Smith, Century, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.

PETERSON, Judge.

Robert Smith complains in his pro se brief of an Anders appeal that he should have been allowed to withdraw his plea of nolo contendere. One of the conditions of his plea agreement was that, if the trial court did not impose the agreed upon sentence, Smith could withdraw his plea. At sentencing, the trial court imposed a heavier sentence than that agreed upon in the plea bargain. Smith alleges that he then told his attorney to...

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