Bouie v. State

On Motion for Rehearing

Upon consideration of appellant’s motion for rehearing, we withdraw the opinion dated June 11, 1997, and substitute the following opinion:

Kelvin Bouie appeals his convictions and sentences for sale of cocaine, contending that the sentences imposed exceed the maximum allowed under the plea agreement. The State concedes that defendant-appellant’s point is well taken.

In April 1996, defendant entered into a plea agreement which provided that if defendant were found to be a habitual felony offender, then his sentence would not exceed eight years. The plea agreement was…