FORREST v. STATE

No. 5D00-487.

773 So.2d 1292 (2001)

Howell D. FORREST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 5, 2001.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


PETERSON, J.

Howell D. Forrest appeals the imposition of a five year sentence without giving him the opportunity to withdraw his negotiated plea of nolo contendere, a plea he understood would incur only 13 months incarceration.

The record supports Forest's allegations. The harsher sentence was imposed after a Preliminary Sentence Investigation revealed previous convictions that increased the scoresheet results and caused the trial court to disregard the negotiations...

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