Davalos v. State

George Davalos appeals the trial court’s order denying his motion to withdraw his plea or, in the alternative, mitigate his sentence. We reverse because the trial court imposed a much harsher sentence than that which resulted from the plea negotiations.

The State of Florida charged Davalos with trafficking in cocaine, possession of cocaine, and possession of cannabis. Prior to jury selection, Davalos informed the trial court that he was considering a plea offer of seven years imprisonment with a seven-year drug trafficking minimum mandatory sentence. Following a recess, the trial court learned…