County Criminal Court: CRIMINAL PROCEDURE ---- Pleas --- Defendant agreed with State that order granting motion to set aside plea should be set aside. Order granting defendant’s motion to withdraw plea is reversed. State v. Hoyt, No. CRC 06-83 APANO, (Fla. 6^th Cir.App.Ct. May 27, 2008).

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

STATE OF FLORIDA

Appellant,

v. Appeal No. CRC 06-83 APANO

UCN522006AP000083XXXXCR

RICHARD D. HOYT

Appellee.

____________________________/

Opinion filed __________________.

Appeal from a decision of the

Pinellas County Court

County Court Judge John Carballo

Jason Bard, Esquire

Assistant State Attorney

Benjamin DeBerg, Esquire

Attorney for appellee

ORDER AND OPINION

THIS MATTER is before the Court on the State’s appeal from a decision entered by the Pinellas County Court granting the defendant’s motion to withdraw his plea. After reviewing the briefs, including the supplemental brief from the appellee, it is clear both parties agree that the order granting the defendant’s motion should be set aside.

IT IS THEREFORE ORDERED that the order granting the defendant’s motion to withdraw his plea is reversed, and this matter is remanded to the trial court.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this ____ day of May, 2008.

____________________________

Joseph A. Bulone

Circuit Judge, Appellate Division

____________________________

David A. Demers

Circuit Judge, Appellate Division

____________________________

Cynthia J. Newton

Circuit Judge, Appellate Division

cc: State Attorney

Benjamin DeBerg, Esq.

Judge Carballo