CECIL WAYNE PRESCOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
On appeal from a summary denial of his Rule 3.850, Florida Rules of Criminal Procedure, motion appellant contends that his guilty plea was involuntary because the trial court did not advise him of the possibility of retaining jurisdiction over part of his sentence. See, State v. Green, 421 So. 2d 508 (Fla.1982). By order, this court temporarily relinquished jurisdiction to the trial court so that the trial judge might attach that portion of the record and transcript which conclusively showed that appellant was not entitled to relief, as required by the Rule. The trial court has responded to our order by attaching a transcript of the plea bargain hearing which conclusively shows that not only was appellant informed that the trial court intended to retain jurisdiction over one-third of his sentence, the retention was made a part of the plea bargain agreement. Accordingly, the summary denial of appellant’s motion is due to be, and is hereby, affirmed.
ROBERT P. SMITH, Jr., C.J., and LARRY G. SMITH and THOMPSON, JJ., concur.
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Butler v. State, 231 So. 3d 596 (Fla. 1st DCA 2017)…structured the sentences to comply with both the statutory limits and the plea agreement by using shorter, consecutive sentences, its failure to do so does not mean we must reduce Butler’s sentence to less than he bargained for. Cf. Shanks v. State, 429 So. 2d 1366, 1367 (Fla. 1st DCA 1983) (affirming denial of motion to vacate judgment and sentence arising from negotiated plea agreement because “it affirmatively appears from the record that the defendant was sentenced to exactly that for which he bargained”).…
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Rowe v. State, 448 So. 2d 23 (Fla. 3d DCA 1984)…PER CURIAM. Affirmed. Parker v. North Carolina, 397 U.S. 790, 90 S.Ct. 1458, 25 L.Ed.2d 785 (1970); Knight v. State, 394 So. 2d 997 (Fla. 1981); Shanks v. State, 429 So. 2d 1366 (Fla. 1st DCA 1983).…
Authorities Cited
- State v. Green, 421 So. 2d 508 (Fla. 1982)