ANGELO ANTONY OVERMAN A/K/A SANDY THOMPSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in sentencing the defendant to five years imprisonment upon violation of probation when the plea agreement had stipulated a maximum sentence of four years.
The defendant agreed to plead guilty to escape in exchange for a suspended sentence and probation, with an understanding of a maximum four-year senten…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Plea Negotiations cases and more on FLexlaw
PER CURIAM.
Defendant, Angelo Antony Overman, appeals the revocation of his probation and sentence of five years imprisonment.
Overman was charged with escape and initially pled not guilty. After entering into negotiations with the prosecution, he agreed to change his plea to guilty in exchange for a sentence of four years, to be suspended with two years probation. The trial judge accepted the guilty plea and sentenced Overman as agreed above. Subsequently, Overman was found to be in violation of his probation. The probation was revoked and the trial court sentenced him to five years in the state penitentiary.
Overman argues that the trial court erred in sentencing him to five years imprisonment on violation of probation where there had been an agreed maximum sentence of four years as part of plea negotiations accepted and approved by and between him, the prosecution and the trial judge. We find merit in this point.
Although the State contends that the plea negotiations were not predicated upon a cap of four years imprisonment as the maximum which the trial court could impose at the time of entry the original sentence, we nevertheless find that the record reflects to the contrary. The trial judge in questioning Overman as to the voluntariness of his guilty plea stated to him that should he violate his probation, he would be sent to prison for four years. Overman’s guilty plea having resulted from plea negotiations predicated upon a maximum sentence of four years to which all parties agreed, the trial court erred in imposing the five year sentence upon revocation of his probation. See Segarra v. State, 360 So. 2d 79 (Fla. 3d DCA 1978); Kord v. State, 361 So. 2d 800 (Fla. 3d DCA 1978). Accordingly, we reduce the sentence to four years.
We also considered the second point on appeal and find it is without merit.
Affirmed as modified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Segarra, 388 So. 2d 1017 (Fla. 1980)…received by a probation violator is imposed under the original charge, this punishment cannot be in excess of the terms of the bargain upon which the defendant first entered a plea. Payne v. State, 372 So. 2d 152 (Fla.3d DCA 1979); Overman v. State, 368 So. 2d 434 (Fla.3d DCA 1979); Kord v. State, 361 So. 2d 800 (Fla.3d DCA 1978); Segarra v. State, 360 So. 2d 79 (Fla.3d DCA 1978). The fourth district court of appeal held to the contrary in Mulder v. State, 356 So. 2d 870 (Fla.4th DCA 1978). As between the tw…
-
Bilyou v. State, 404 So. 2d 744 (Fla. 1981)…ision of the Fifth District Court of Appeal, Bilyou v. State, 381 So. 2d 756 (Fla. 5th DCA 1980), which allegedly conflicts with prior decisions of another district court of appeal, Payne v. State, 372 So. 2d 152 (Fla.3d DCA 1979); Overman v. State, 368 So. 2d 434 (Fla.3d DCA 1979); Segarra v. State, 360 So. 2d 79 (Fla.3d DCA 1978), on the same point of law. We have jurisdiction. Art. Y, § 3(b)(3), Fla.Const. (1980). Petitioner, Harry David Bilyou, was charged with a lewd assault upon a six-year-old girl. Pu…
-
Johnson v. State, 378 So. 2d 335 (Fla. 2d DCA 1980)…d by a probation violator is imposed under the original charge, this punishment cannot be [*336] in excess of the terms of the bargain upon which the defendant first entered a plea. Payne v. State, 372 So. 2d 152 (Fla.3d DCA 1979); Overman v. State, 368 So. 2d 434 (Fla.3d DCA 1979); Kord v. State, 361 So. 2d 800 (Fla.3d DCA 1978); Segarra v. State, 360 So. 2d 79 (Fla.3d DCA 1978). The fourth district court of appeal held to the contrary in Mulder v. State, 356 So. 2d 870 (Fla.4th DCA 1978). As between the tw…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Segarra v. State, 360 So. 2d 79 (Fla. 3d DCA 1978)
- Kord v. State, 361 So. 2d 800 (Fla. 3d DCA 1978)