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ROBINSON v. STATE

Nos. 94-1077, 94-1078.

659 So.2d 1286 (1995)

Tyrone ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 30, 1995.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, Judge.

We reverse the appellant's conviction and sentence, holding that when the state fails to abide by its recommendation of sentence, the trial court must allow the withdrawal of a negotiated plea. See Fortini v. State, 472 So.2d 1383 (Fla. 4th DCA 1985). In this case, the appellant and the state entered into a plea agreement whereby the recommended sentence would be three and one-half years. After the completion...

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