VENTURA v. STATE

No. 98-2061.

741 So.2d 1187 (1999)

Ernesto VENTURA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 22, 1999.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Attorney General, and Consuelo Maingot, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.


COPE, J.

Defendant-appellant Ernesto Ventura appeals the sentence imposed after he failed to comply with certain provisions of his plea agreement. We reverse.

In July 1997 defendant entered into a substantial assistance plea under which, if he failed to appear for sentencing, he would be subject to a 60-year habitual offender sentence. Defendant was represented by privately-retained counsel, George Garcia. Defendant did not appear and a capias warrant was...

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