Banner v. State

We reverse Appellant’s sentence and remand for resentencing. However, in all other respects the judgment is affirmed, as Appellant has not demonstrated error or abuse of discretion in the trial court’s rejection of his attempt to withdraw his plea. Hunt v. State, 613 So.2d 893, 896 (Fla.1992); Horton v. State, 646 So.2d 253 (Fla. 1st DCA 1994), rev. denied, 659 So.2d 271 (Fla.1995); Bennett v. State, 588 So.2d 672, 673 (Fla. 1st DCA 1991).

We reverse the sentence because, as the state concedes, the sentence of 22 years in prison plus 10 years probation exceeds the 30 year maximum permitted,…