Barnes v. State
District Court of Appeal of Florida
1Per curiam
We affirm appellant’s conviction but reverse the sentencing order and remand for a new sentencing proceeding. The state has conceded that the trial court must impose sentence in accord with the plea agreement or permit appellant an opportunity to withdraw his plea. See Reaves v. State, 417 So.2d 1000 (Fla. 4th DCA 1982). The issues as to the absence of a guidelines scoresheet and the taxation of costs without notice are mooted by our reversal of the sentence, although the state has conceded error on these issues too.
DOWNEY, ANSTEAD and WALDEN, JJ., concur.
2Cases cited1 opinion
- Reaves v. StateDistrict Court of Appeal of Florida · 1982
3Cited by2 opinions
- State v. LaceyDistrict Court of Appeal of Florida · 1989
- Mullin v. StateDistrict Court of Appeal of Florida · 1990