Babbs v. State

HERSEY, Chief Judge.

We reverse and remand with instructions to give appellant an opportunity to withdraw his guilty plea. The plea was entered pursuant to a negotiated plea agreement which was based upon premises later discovered to be inaccurate. As a result, the agreement could not be honored by the state. The result is controlled by the rule in Goldberg v. State, 536 So.2d 364 (Fla. 2d DCA 1988), and is substantially different from the situation in Johnson v. State, 541 So.2d 1213 (Fla. 2d DCA 1989). Here, appellant bargained for a sentence substantially less than the five years and one…