Spain v. State

NORTHCUTT, Judge.

Greg Spain appeals the denial of his motion to withdraw his plea or, in the alternative, motion to set aside his cooperation agreement with the State.- After Spain allegedly violated the terms of the cooperation agreement, the circuit court increased his sentence. As we will explain, it had no jurisdiction to do so. We reverse and remand with directions to reimpose Spain’s original sentence.

On July 24, 2000, Spain pleaded guilty to two drug crimes and obstructing an officer without violence. The circuit court sentenced him to sixty months’ imprisonment as a habitual offender…