STATE v. SWETT

No. 5D00-84.

772 So.2d 48 (2000)

STATE of Florida, Appellant, v. J. Patrick SWETT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied November 27, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellant.

Donald R. West, Orlando, for Appellee.


COBB, J.

The state appeals an order modifying Swett's sentence which had been imposed pursuant to a plea agreement. Pursuant to said agreement, the state reduced the original charge of first degree murder to second degree murder and Swett pled nolo contendere thereto, along with various other charges, in exchange for a recommended sentencing range of 35-55 years imprisonment with the further condition that the sentence imposed...

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