Demcak v. State

W. SHARP, Judge.

Demcak appeals from his judgment and sentence of probation imposed after he pled no contest to one count of a scheme to defraud pursuant to a plea bargain.1 Dem-cak claims the trial court erred in sentencing him to special conditions of probation, which had not been included in the plea agreement; and thereafter by refusing to allow him to withdraw his plea and go to a jury trial. We agree.

Demcak was a partial owner of an automobile repair business, Automotive Plus, Inc. When a former employee of Automotive contacted the state attorney’s office and gave them a sworn statement…