MARION v. STATE

No. 90-2580.

582 So.2d 115 (1991)

Jeremiah MARION, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 2, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and GERSTEN, JJ.


BASKIN, Judge.

Jeremiah Marion appeals a sentence imposed upon revocation of probation. We reverse.

Marion was convicted and sentenced in May 1988. In October 1990, while Marion was serving his probation for the May 1988 conviction, he was charged with two counts of selling cocaine. Marion entered into a plea agreement with the state, agreeing to plead guilty to the second count and to be sentenced as an habitual offender. In exchange for the guilty plea,...

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