STATE v. SMITH

No. 93-2258.

639 So.2d 1054 (1994)

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

District Court of Appeal of Florida, Third District.

July 12, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellant.

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

Before HUBBART, BASKIN and COPE, JJ.


PER CURIAM.

The State appeals an order granting postconviction relief. We agree with the trial court that paragraph 11 of the written plea agreement is ambiguous. We disagree, however, as to the remedy. The trial court determined that since paragraph 11 could be read in two different ways, the court should choose the interpretation most favorable to the defendant, and consequently imposed a 15-year sentence rather than a 15-year mandatory minimum sentence. In our...

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