Ito v. State

SHIVERS, Judge.

Christopher Ito was charged by information with three drug related offenses. He entered into a plea agreement which did not contemplate time in jail. The trial court withheld adjudication and placed Ito on twelve months probation with several conditions. One of the conditions was that Ito spend 120 days in the county jail.

Defense counsel moved to withdraw the plea, but the motion was denied. The trial court relied on Thomas v. State, 566 So.2d 613 (Fla. 4th DCA 1990), for the proposition that if the prosecutor continues to support a plea agreement despite the trial court’s…