Lewis v. State

GRIFFIN, Judge.

We are bound to reverse the appealed judgments on the authority of Thomas v. State, 593 So.2d 219 (Fla.1992). Appellant urges, however, that on remand, based on Tillman v. State, 522 So.2d 14 (Fla.1988), he is entitled to imposition of the “bargained for sentence.” This is accurate only to the extent that the defendant is entitled to be resentenced in accordance with his plea agreement, i.e., with the benefit of the state’s agreed-upon recommendation but without reference to the offending P.S.I. recommendation.1 Santobello v. New York, 404 U.S. 257, 263, 92 S.Ct. 495, 499, 30…