GARCIA v. STATE

No. 3D06-2385.

981 So.2d 561 (2008)

Jose M. GARCIA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 7, 2008.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, Nicholas Merlin, Assistant Attorney General, for appellee.

Before GREEN, WELLS, and CORTIÑAS, JJ.


PER CURIAM.

Jose M. Garcia appeals his sentence imposed on revocation of probation. Garcia asserts that the court erred in sentencing him to five years in prison, after having agreed to sentence him to three years. Because the record demonstrates that the court did so agree, we reverse and remand for further proceedings.

As the state properly represents in its brief, when the court imposes a greater sentence than that in an accepted plea agreement, the defendant...

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