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ECHEVARRIA v. STATE

No. 3D02-304.

845 So.2d 340 (2003)

Dwight Roy ECHEVARRIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 21, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and FLETCHER, J., and NESBITT, Senior Judge.

SCHWARTZ, Chief Judge.

Because the state was indisputably in serious, material, and inexcusable breach of its agreement not to oppose the appellant's parole applications in return for his completely satisfied promise to plead guilty to reduced charges and testify in trial against the co-defendant,1 there is no choice under the law but to reverse the denial of 3.850 relief below, see State v. Frazier, 697 So.2d 944...

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