Shaw v. State

BARFIELD, Judge.

Shaw appeals the trial court’s denial of his Rule 3.850 motion. The issue is whether Shaw should have been permitted to withdraw his guilty plea when the trial court refused to follow a plea agreement. We reverse.

Shaw pled guilty on February 22, 1983, in exchange for a nine year sentence. At Shaw’s request his sentencing was postponed until March 2, 1983, and Shaw was allowed to remain free on bond. The trial court’s only condition on honoring the plea agreement was that Shaw be present for sentencing on March 2, 1983. Shaw was there on time, albeit he was accompanied by the…