GREGORY D. BURKETT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a jury verdict is not appealable and affirmed the sentence, finding no improper threats were made during sentencing.
The appellant was found guilty by a jury and sentenced. His counsel filed an Anders brief, and the appellant filed a supplemental brief arguing senten…
The full statement of facts, procedural history, and disposition for this case are member content.
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COBB, Judge.
Appellant Burkett appeals from the jury verdict of guilty and from the sentence imposed after adjudication. His present appointed counsel (not his original appellate counsel) has filed an Anders brief.1 Burk-ett has filed his own supplemental brief.
A verdict is not appealable. Smith v. State, 395 So. 2d 575 (Fla.5th DCA 1981).
Burkett argues on this appeal that the trial court erred in the sentencing by: (1) directly entering into the plea discussions; and (2) sentencing Burkett to a sentence following trial that was greater than the sentence the trial court had indicated it would impose on a plea bargain that Burk-ett rejected.
In federal court, a judge is prohibited from assuming the role of an active negotiator in the plea bargaining process. Fed.R.Crim.P. 11(e)(1); Blackmon v. Wainwright, 608 F. 2d 183 (5th Cir. 1980). However, Florida’s rule relating to plea discussions and agreements does not prohibit court participation in plea discussions. Fla. R.Crim.P. 3.171.
Differential sentencing has been approved by the United States Supreme Court to the extent that a trial court may impose a lesser sentence upon a defendant who pleads guilty rather than going to trial. Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970). However, it is improper for a trial court to threaten a defendant that it will give him the maximum that can be imposed if he goes to trial rather than pleading guilty. Williams v. State, 316 So. 2d 267 (Fla.1975); Euziere v. United States, 249 F. 2d 293 (10th Cir. 1957). There is nothing in the record of the case at hand that shows any such improper threat.
The appeal of the verdict is dismissed and the sentence is affirmed.
DISMISSED in part; AFFIRMED in part.
DAUKSCH, C.J., and FRANK D. UP-CHURCH, Jr., J., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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McALLISTER v. State, 418 So. 2d 1203 (Fla. 5th DCA 1982)…identifies the orders appealed from as “final orders of finding of guilt by the jury.” A verdict is not appealable. Hannah v. State, [*1204] 402 So. 2d 555 (Fla. 5th DCA 1981); Hancock v. State, 402 So. 2d 428 (Fla. 5th DCA 1981); Burkett v. State, 400 So. 2d 138 (Fla. 5th DCA 1981); Smith v. State, 395 So. 2d 575 (Fla. 5th DCA 1981). Since the appeal was from a non-appealable order, this court has no jurisdiction of the appeal. Appellant’s “amended notice of appeal,” which identifies the judgment and sent…
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Tullis v. State, 556 So. 2d 1165 (Fla. 3d DCA 1990)…vidence of vindictiveness or punitive action, he may not now complain that he received a heavier sentence after trial. See Hitchcock v. State, 413 So. 2d 741 (Fla.), cert. denied, 459 U.S. 960, 103 S.Ct. 274, 74 L.Ed.2d 213 (1982); Burkett v. State, 400 So. 2d 138 (Fla. 5th DCA 1981). Affirmed. . The defendant, who did not testify, relied on a claim of self-defense. . The evidence was not offered in order to establish diminished capacity to negate the specific intent element of the first degree murder char…
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Finan v. State, 447 So. 2d 281 (Fla. 2d DCA 1983)…PER CURIAM. AFFIRMED. See Burkett v. State, 400 So. 2d 138 (Fla. 5th DCA 1981); State v. Laury, 397 So. 2d 960 (Fla. 1st DCA 1981). BOARDMAN, A.C.J., and GRIMES and LEHAN, JJ., concur.…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Brady v. United States, 397 U.S. 742 (U.S. 1970)
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- Euziere v. United States, 249 F.2d 293 (10th Cir. 1957)
- Blackmon v. Louie L. Wainwright, 608 F.2d 183 (5th Cir. 1979)
- Smith v. State, 395 So. 2d 575 (Fla. 5th DCA 1981)