DANNY RAYMOND COWART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1983-02-02
No. 82-459
LETTS, C.J., and HERSEY and WALDEN, JJ., concur.
428 So. 2d 687 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 6 cases
Topics
Involuntary Plea Manifest Injustice

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendant appeals from a denial of his motion to vacate his judgment and sentence upon the grounds that his guilty plea was involuntary. It is well established law that a guilty plea may be withdrawn if the defendant can show that the sentence received is at variance with the one contemplated and results in manifest injustice. Williams v. State, 316 So. 2d 267 (Fla.1975).

A review of the record here reflects that the plea was based on statements by the sentencing judge and defendant’s counsel that he would be sentenced to three years in jail. Instead, he was sentenced to ten years in prison with thirty years on probation. It is crystal clear from the record, despite the judge’s admonition that the defendant could receive as much as seventy-two years that the defendant expected and was led to expect no more than three in jail.

REVERSED AND REMANDED.

LETTS, C.J., and HERSEY and WALDEN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Wonna Stoner v. C.H. Verkaden & Stoner Builders Corp., 493 So. 2d 1126 (Fla. 4th DCA 1986)
    …or. The corporation’s misconduct cannot be charged to its co-party. See Zanathy v. Beach Harbor Club Association, Inc., 343 So. 2d 625 (Fla. 2d DCA 1977) (husband-wife); Henry A. Knott Company, Division of Knott Industries v. Redington Towers, Inc., 428 So. 2d 687 (Fla. 2d DCA 1983) (insurer-insured); and Leatherby Insurance Company v. Jones, 332 So. 2d 139 (Fla. 3d DCA 1976) (insurer-insured). Since the individual had never been instructed by the court to comply with any discovery request, sanctions against…
  • F. Food Co., Inc. v. Hart Props., Inc., 515 So. 2d 279 (Fla. 3d DCA 1987)
    …no abuse of the trial court’s discretion having been demonstrated, see Mercer v. Raine, 443 [*280] So. 2d 944 (Fla.1983); Erie Winds, N.V. v. Crab Pot Oceanside, Inc., 449 So. 2d 426 (Fla. 4th DCA 1984); Henry A. Knott Co. v. Redington Towers, Inc., 428 So. 2d 687 (Fla. 2d DCA 1983); Perez, 445 So. 2d at 394, the order of dismissal under review is affirmed. Affirmed.…
  • Bennefield v. State, 538 So. 2d 154 (Fla. 4th DCA 1989)
    …PER CURIAM. We reverse and remand with directions that appellant be permitted to withdraw his plea of no contest. See Cowart v. State, 428 So. 2d 687 (Fla. 4th DCA 1983). ANSTEAD and WALDEN, JJ., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.…

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