SPAIN v. STATE

No. 2D01-3278.

849 So.2d 340 (2003)

Greg SPAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 16, 2003.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Susan M. Shanahan, Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Greg Spain appeals the denial of his motion to withdraw his plea or, in the alternative, motion to set aside his cooperation agreement with the State. After Spain allegedly violated the terms of the cooperation agreement, the circuit court increased his sentence. As we will explain, it had no jurisdiction to do so. We reverse and remand with directions to reimpose Spain's original sentence.

On July 24, 2000, Spain pleaded guilty to two drug...

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