Freccacreto v. State

I fully concur in the result reached by the majority opinion with the following additional comments.

*632During oral argument it became apparent to this court and a subsequent review of the record confirmed that the defendant was tried, adjudicated guilty and sentenced by the trial court on a criminal charge which had previously been nolle prossed by the state. The record suggests that the nolle pros of Count II was part of a plea bargaining arrangement wherein defendant agreed to plead guilty to Count III. The court minutes reflect that the court accepted the defendant’s guilty plea to Count III…