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O'BERRY v. STATE

No. 2D12-415.

114 So.3d 1110 (2013)

Joshua M. O'BERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 14, 2013.

Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Richard J. Sanders , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Coombs Cline , Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Joshua M. O'Berry appeals from an order denying his motion to withdraw his no contest plea after sentencing, filed in accordance with Florida Rule of Criminal Procedure 3.170(l). In his motion, Mr. O'Berry alleged that the State violated a plea agreement to recommend a sentence of forty years' prison by urging the trial court to sentence him instead to life. Because we conclude that the State breached the plea agreement, we reverse the order...

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