Echevarria v. State

SCHWARTZ, Chief Judge.

Because the state was indisputably in serious, material, and inexcusable breach of its agreement not to oppose the appellant’s parole applications in return for his completely satisfied promise to plead guilty to reduced charges and testify in trial against the co-defendant,1 there is no choice under the law but to reverse the denial of 3.850 relief below, see State v. Frazier, 697 So.2d 944 (Fla. 3d DCA 1997), and, because specific performance of the prosecution’s undertaking would be futile at this stage, to order that the defendant be permitted to withdraw his plea.…