KEARSE v. STATE

No. 5D02-2973.

858 So.2d 1247 (2003)

Tony KEARSE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 14, 2003.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee.


SAWAYA, C.J.

Tony Kearse appeals his judgment and sentence for the offense of sale of cocaine. As a result of his open plea to the court, Kearse received a sentence of thirty years in prison as a habitual felony offender. In his motion to withdraw his plea, Kearse claims that he was misled by the court as to the sentence he would receive in exchange for his plea. We are unable to address the merits of Kearse's appeal because procedural infirmities require that we...

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