ROBERT L. PAYNE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that a defendant must be resentenced in accordance with the original agreed-upon maximum sentence from plea negotiations, even after a probation violation.
The defendant pleaded guilty to charges with an assurance of a maximum sentence of one year, which was suspended for probation. After violating probat…
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HENDRY, Judge.
Payne was charged by information with aggravated assault and unlawful possession of a firearm, and he entered a plea of not guilty to the charges. Trial by jury was had; however, due to inability of the jury to reach a verdict, a mistrial was declared. Thereafter, defendant withdrew his prior plea and entered a plea of guilty to the charges, upon the trial court’s assurance that the sentence would not be greater than one year. The defendant was sentenced to one years imprisonment, but the sentence was suspended and he was placed on three years probation.
Approximately eighteen months later an affidavit alleging violation of the terms of probation was filed against Payne. After hearing was held on the alleged violation, defendant was sentenced to a term of imprisonment of five years in the state penitentiary by the same trial court. The crux of this appeal is that the trial court erred in imposing a sentence of five years on a violation of probation, where there had been an agreed-upon maximum sentence of no greater than one year as part of plea negotiations.
Upon the authority of Segarra v. State, 360 So. 2d 79 (Fla.3d DCA 1978), we reverse with directions that defendant be resen-tenced in accordance with the original agreed-upon maximum sentence which was part of the plea negotiations, and defendant should receive credit for time served.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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State v. Segarra, 388 So. 2d 1017 (Fla. 1980)…court of appeal has held that since the punishment 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, 3…
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State v. Payne, 404 So. 2d 1055 (Fla. 1981)…ADKINS, Justice. By petition for certiorari, we have for review a decision of the District Court of Appeal, Third District, (Payne v. State, 372 So. 2d 152 (Fla. 3d DCA 1979)), which conflicts with the decision of another district court (Mulder v. State, 356 So. 2d 870 (Fla. 4th DCA 1978)), on the same point of law. We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. The district court’s opinion sets…
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Bilyou v. State, 404 So. 2d 744 (Fla. 1981)…By petition for certiorari, we have for review a decision 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 char…
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- Segarra v. State, 360 So. 2d 79 (Fla. 3d DCA 1978)