Johnson v. State

DOWNEY, Judge.

Appellant entered a negotiated plea of guilty to the charge of breaking and entering with intent to commit petit larceny. In return for this plea appellant was to receive a sentence no more severe than three years and eight months, and he was to remain on bond pending a presentence investigation. The trial court accepted the plea with the express understanding regarding the maximum sentence he could impose on appellant.

While on bond pending the presentence investigation appellant was arrested on two other charges. At the outset of the sentencing proceedings on the breaking and…