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INGMIRE v. STATE

No. 2D07-5499.

9 So.3d 1278 (2009)

Gary INGMIRE, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 6, 2009.

Attorney(s) appearing for the Case

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

Bill McCollum, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

CASANUEVA, Judge.

Gary Ingmire, Jr., appeals his sentence of fifteen years in the Department of Corrections, alleging the trial court erred in concluding that he willfully failed to appear for sentencing pursuant to a plea agreement for which he was to receive a probationary sentence. We agree and reverse.

Facts

The State charged Mr. Ingmire with grand theft in the amount of $20,000 or more and scheming to defraud. In April 2007, he entered...

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