RICHARD C. JOYNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Johnson v. State, 460 So. 2d 954 (Fla. 5th DCA 1984)
  …and by answering the above question from the trial judge, defendant was guilty of a misrepresentation constituting good cause to set aside the accepted nolo contendere pleas, citing Brown v. State, 367 So. 2d 616 (Fla.1979), and Lerman v. Cornelius, 423 So. 2d 437 (Fla. 5th DCA 1982). In Brown the State agreed to accept a guilty plea to an offense less than that charged in exchange for Brown’s agreement to testify against a co-perpetrator. After Brown’s guilty plea to the lesser charge was accepted Brown ref…
• Gregorio Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 1982)
  …ute of limitations, and trial court thereafter accepted negotiated plea of nolo contendere to second-degree murder, defendant was estopped to subsequently assert applicability of statute of limitations for second-degree murder); Lerman v. Cornelius, 423 So. 2d 437 (Fla. 5th DCA 1982) (Case No. 82-1214, opinion filed December 1, 1982) (double jeopardy no bar to reopening a case after sentencing where a condition of the plea had not been performed). See also Buckbee, 378 So. 2d at 41 (Schwartz, J., dissenting).…
• Gamble v. State, 449 So. 2d 319 (Fla. 5th DCA 1984)
  …g the plea. Brown v. State, 367 So. 2d 616 (Fla.1979). Misrepresentation to the court that the plea agreement has been complied with has been held to constitute good cause to vacate a sentence and the plea on which it was based. Lerman v. Cornelius, 423 So. 2d 437 (Fla. 5th DCA 1982). However, notwithstanding the restrictions upon the setting aside of a [*322] plea after acceptance by the court, the court is nevertheless not bound by any sentencing agreement, even if concurred in by the court as part of the p…

Authorities Cited

• THE Florida BAR v. Schell, 422 So. 2d 308 (Fla. 1982)