EDWARD HARRY ALVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's guilty plea to carrying a concealed firearm was reversed because a probation condition restricting his driving was not contemplated by the plea agreement, and he was permitted to withdraw his plea.
A probation condition not contemplated by plea negotiations must be vacated, and the defendant must be permitted to withdraw his guilty plea.
[1] A probation condition that was not part of the plea agreement cannot be imposed as a condition of a guilty plea, and the defendant must be permitted to withdraw the plea…
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded guilty to carrying a concealed firearm pursuant to plea negotiations in which remaining charges were nolle prossed. The trial court …
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PER CURIAM.
Appellant was charged by information with (1) introduction of contraband to a detention facility, (2) carrying a concealed firearm, (3) battery, (4) driving without a registration, (5) driving while intoxicated, and (6) unlawful blood alcohol content. Pursuant to plea negotiations, appellant entered a guilty plea to the carrying a concealed firearm count, with the remaining counts being nolle prossed. Appellant was adjudicated pursuant to the plea and placed on probation for five years. One of the conditions of probation was that he not drive or operate a motor vehicle without special permission of the court.
Appellant thereupon filed a motion for rehearing and/or to vacate or set aside sentence, premised upon the ground that the special condition of probation was not contemplated by the plea agreement. The motion was denied. We are satisfied that appellant established the ground raised by his motion; namely that the condition imposed was not contemplated by the plea negotiations. Accordingly, we reverse the judgment and imposition of probation and remand with direction that appellant be permitted to withdraw his plea of guilty in order that the matter may proceed in a manner consistent with such withdrawal.
DOWNEY, ANSTEAD and GLICK-STEIN, JJ., concur.
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Geiger v. State, 532 So. 2d 1298 (Fla. 2d DCA 1988)…tion does not comport with the parties’ plea agreement which the trial court approved. Accordingly, the trial court erred when it refused to permit Geiger to withdraw her pleas. See Davis v. State, 473 So. 2d 753 (Fla. 4th DCA 1985); Alvis v. State, 421 So. 2d 769 (Fla. 4th DCA 1982); see also Richardson v. State, 432 So. 2d 750 (Fla. 2d DCA 1983) (court should be liberal in exercising its discretion in permitting a defendant to withdraw a guilty plea). We also must address the additional criminal offenses t…
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Goodwin v. State, 477 So. 2d 1089 (Fla. 4th DCA 1985)…nd sentence and remand this cause to the trial court with directions to permit Goodwin to withdraw his guilty plea or be resentenced within the parameters of the plea agreement. See Davis v. State, 473 So. 2d 753 (Fla. 4th DCA 1985); Alvis v. State, 421 So. 2d 769 (Fla. 4th DCA 1982). REVERSED AND REMANDED. DOWNEY and BARKETT, JJ., concur. DELL, J., dissents without opinion.…
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Davis v. State, 473 So. 2d 753 (Fla. 4th DCA 1985)…PER CURIAM. Richard Davis appeals from an order of probation and an order denying his motion to correct sentence. We reverse on the authority of Alvis v. State, 421 So. 2d 769 (Fla. 4th DCA 1982). The special conditions of probation imposed were not contemplated by the plea agreement pursuant to which the defendant pled guilty. Accordingly, we reverse the judgment and imposition of probation and remand with instructions t…