ITO v. STATE

No. 91-1655.

595 So.2d 263 (1992)

Christopher Mikio ITO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 13, 1992.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Kathleen Stover, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., Tallahassee, for appellee.


SHIVERS, Judge.

Christopher Ito was charged by information with three drug related offenses. He entered into a plea agreement which did not contemplate time in jail. The trial court withheld adjudication and placed Ito on twelve months probation with several conditions. One of the conditions was that Ito spend 120 days in the county jail.

Defense counsel moved to withdraw the plea, but the motion was denied. The trial court relied on Thomas v. State,

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