D.D.W. v. State

Appellant challenges the denial of his motion to withdraw his no contest plea. We reverse because the trial court abused its discretion by not allowing appellant to withdraw his plea when the trial court determined it could not sentence appellant in accordance with the terms of the plea agreement.

Appellant pleaded no contest to possession of cocaine pursuant to a plea agreement under which he would be sentenced to a level four commitment. The court was fully advised of the conditions of the plea agreement, but nevertheless sentenced appellant to a level six commitment. The court then denied…