BAREIS v. STATE

No. 97-946.

708 So.2d 622 (1998)

Keith BAREIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 28, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff, Assistant Attorney General, Daytona Beach, for Appellee.


GOSHORN, Judge.

Appellant challenges the upward departure sentence imposed following his failure to appear for his initial sentencing. He argues that because he was never specifically advised that failing to abide by a condition of his plea would permit the court to impose an upward departure sentence, it was error for the court to enter the departure sentence. We affirm.

Appellant entered into a written plea agreement with the State in which he acknowledged...

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