Smith v. State

PETERSON, Judge.

Robert Smith complains in his pro se brief of an Anders appeal that he should have been allowed to withdraw his plea of nolo contendere. One of the conditions of his plea agreement was that, if the trial court did not impose the agreed upon sentence, Smith could withdraw his plea. At sentencing, the trial court imposed a heavier sentence than that agreed upon in the plea bargain. Smith alleges that he then told his attorney to “take his plea back,” and pursuant to that instruction, defense counsel and the trial court engaged in an unrecorded bench conference. The conference…