Campbell v. State

GUNTHER, Judge.

Appellant, Mike Dwayne Campbell, defendant below (Defendant), appeals the denial of his motion to vacate his conviction and sentence for purchasing cocaine and appeals the denial of his motion to withdraw his plea for grand theft. We reverse.

In December 1991, Defendant pled guilty to purchasing cocaine and was sentenced to three years probation. Subsequently, in January 1993, Defendant pled guilty to grand theft and admitted to violating his probation for the cocaine offense. At sentencing, Defendant and the state agreed that Defendant would receive a sentence within the…