WHITAKER v. STATE

No. 5D03-1907.

881 So.2d 80 (2004)

Dale WHITAKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 20, 2004.


Attorney(s) appearing for the Case

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

Charles J. Crist, Jr., Attorney General, Tallahassee, and Angela D. McCravy, Assistant Attorney General, Daytona Beach, for Appellee.


PALMER, J.

Dale Whitaker (defendant) appeals his judgment and sentence which were entered by the trial court after he plead nolo contendere to the charge of lewd and lascivious battery. Concluding that the trial court erred in allowing the defendant to withdraw his plea in only one of two cases which were the subject of one negotiated plea agreement, we reverse.

The State filed two separate informations against the defendant alleging that he had committed...

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