JOSEPH GRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1982-12-15
No. 82-1102
ORFINGER, C.J., and DAUKSCH, J., concur.
428 So. 2d 672 Florida District Court of Appeal, Fifth District (1982) Positive Treatment
Cited by 2 cases
Topics
Retention Of Jurisdiction Over Sentence Right To Withdraw Plea Right To Counsel

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Opinion of the Court
SHARP, Judge.

SHARP, Judge.

Grice’s motion for rehearing in this case is granted in view of the Florida Supreme Court’s decision in State v. Green, 421 So. 2d 508 (Fla.1982), where the court held that if a judge wishes to retain jurisdiction, a defendant must be advised [sic], prior to pleading guilty or nolo contendere, that the court can retain jurisdiction over a part of the sentence. (Emphasis supplied).

In this case the State agrees that Grice was not advised of the possibility that the trial court could retain jurisdiction over a part of the sentence until after he had pled guilty to a lesser included offense.

Accordingly, we direct that this cause be remanded to the trial court. Grice shall be granted the opportunity of withdrawing his guilty plea. Should he do so, the State shall have the option of trying him on the original charge of first degree murder. Orr v. State, 402 So. 2d 535 (Fla. 5th DCA 1981). The trial court shall advise him of that fact at the hearing on his motion to withdraw, and prior to the hearing it shall advise Grice of his right to be represented by counsel.

MOTION FOR REHEARING GRANTED; AND CASE REMANDED.

ORFINGER, C.J., and DAUKSCH, J., concur.

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Citator

Cited By

  • Fowler v. State, 443 So. 2d 125 (Fla. 5th DCA 1983)
    …COBB, Judge. The prior decision and the mandate issued in this cause are hereby withdrawn,1 and Fowler’s motion for post-conviction relief is granted pursuant to State v. Green, 421 So. 2d 508 (Fla.1982) and Grice v. State, 428 So. 2d 672 (Fla. 5th DCA 1982). In Green, the Supreme Court held that “if a judge wishes to retain jurisdiction, a defendant must be advised, prior to pleading guilty or nolo contendere, that the court can retain jurisdiction over a part of the sentence.” 421…

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