O'Berry v. State

WALLACE, Judge.

Joshua M. O’Berry appeals from an order denying his motion to withdraw his no contest plea after sentencing, filed in accordance with Florida Rule of Criminal Procedure 3.170(0- In his motion, Mr. O’Berry alleged that the State violated a plea agreement to recommend a sentence of forty years’ prison by urging the trial court to sentence him instead to life. Because we conclude that the State breached the plea agreement, we reverse the order under review and remand for resentencing before a different judge.

I. THE FACTS AND PROCEDURAL BACKGROUND

Mr. O’Berry pleaded no contest to…