Smith v. State

FARMER, Judge.

We affirm the order denying defendant’s motion to suppress. After the trial court denied the motion, defendant entered into a plea agreement, accepted by the trial judge, *710to plead no contest with a reservation of his right to appeal on the suppression issue in return for a below guidelines sentence. The court, however, imposed a more severe sentence within the guidelines when defendant failed to appear at the sentencing hearing. Because the plea agreement made no provision for a more serious sentence if defendant failed to appear for sentencing, the court was required either to…