Davis v. State

The defendant raises four issues in this appeal. It is apparent that the state agrees that issues three and four have merit. We agree with the state that only these issues have merit.

Issue three involved the state’s failure to recommend to the court that the defendant receive 20 years on all counts when the defendant agreed to change his plea to count V, having previously been found guilty on counts I through IV based upon this representation. Because the state did agree to make this recommendation at the sentencing and failed to do so, the case must be reversed and remanded to allow the…