Barber v. State

Leon Barber, who appeals the judgment and sentence imposed on him after he failed to appear at sentencing, argues that the trial court erred when it sentenced him to a longer term of prison than was agreed to by the State and him in a plea bargain. Because the agreed upon sentence was not conditioned on Mr. Barbers appearance at sentencing, and because the failure of Mr. Barbers trial counsel to seek relief in the trial court amounts to an inadequacy of counsel on the face of the record, we are compelled to reverse.