BARBER v. STATE

No. 5D04-2536.

901 So.2d 364 (2005)

Leon BARBER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 6, 2005.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and A.S. Rogers, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


MONACO, J.

Leon Barber, who appeals the judgment and sentence imposed on him after he failed to appear at sentencing, argues that the trial court erred when it sentenced him to a longer term of prison than was agreed to by the State and him in a plea bargain. Because the agreed upon sentence was not conditioned on Mr. Barber's appearance at sentencing, and because the failure of Mr. Barber's trial counsel to seek relief in the trial court amounts to an inadequacy...

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