WALTER DUNKEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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When a plea bargain is not honored by the court, the defendant must be given the opportunity to withdraw their guilty plea.
Appellant pleaded guilty to burglary based on a trial judge's assurance of a maximum one-year sentence. However, a different judge imposed a four-year…
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LEHAN, Judge.
Appellant was charged by information with burglary, to which he initially pleaded not guilty. Subsequently, appellant entered a plea of guilty pursuant to a plea bargain. Appellant changed his plea upon being advised by a trial judge that appellant could anticipate a maximum possible sentence of up to one year in the county jail.
At sentencing, however, a different trial judge sentenced appellant to confinement in the state prison for a term of four years. The apparent reason for the court’s failure to impose the sentence which had been referred to at the change of plea proceeding was that appellant’s prior criminal record was substantially more extensive than previously perceived. The record does not show that there had been misrepresentation by appellant or his counsel in that regard.
When the terms of an earlier plea bargain are not honored, defendant should be given the opportunity to withdraw his plea, and the trial judge has an affirmative duty to so advise the defendant. See Gumbiner v. State, 429 So. 2d 828 (Fla. 2d DCA 1983); LaBaissiere v. State, 429 So. 2d 96 (Fla. 2d DCA 1983); Freeman v. State, 376 So. 2d 294 (Fla. 2d DCA 1979); Reynolds v. State, 339 So. 2d 714, 715 (Fla. 2d DCA 1976); Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975). At sentencing appellant was not given the opportunity to withdraw his guilty plea. Accordingly, we REVERSE and REMAND for proceedings at which appellant shall have the opportunity to withdraw his guilty plea.
OTT, C.J., and BOARDMAN, J., concúr.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lepper v. State, 451 So. 2d 1020 (Fla. 1st DCA 1984)…dant a clear opportunity to withdraw his plea if the judge determines he cannot later accept the recommended disposition. This rule has been repeated in numerous cases. See, e.g., Coleman v. State, 433 So. 2d 627 (Fla. 2d DCA 1983); Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983); Gumbiner v. State, 429 So. 2d 828 (Fla. 2d DCA 1983); Nichols v. State, 403 So. 2d 1089 (Fla. 1st DCA 1981); Freeman v. State, 376 So. 2d 294 (Fla. 2nd DCA 1979); Coy v. State, 404 So. 2d 135 (Fla. 4th DCA 1981). I would, accord…
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Rayfield Moore v. State, 489 So. 2d 1215 (Fla. 2d DCA 1986)…plea were not a part of the plea bargain. Although appellant did not move to withdraw his plea, the court could not dishonor the terms of a previously approved plea bargain without affording him an opportunity to withdraw the plea. Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983); Freeman v. State, 376 So. 2d 294 (Fla. 2d DCA 1979). The court has an affirmative duty to inform the defendant of that right. Dunkel; Reynolds v. State, 339 So. 2d 714 (Fla. 2d DCA 1976); Kiefer v. State, 295 So. 2d 688 (Fla. 2d…
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Pumphrey v. State, 502 So. 2d 982 (Fla. 1st DCA 1987)…trial court determines it is unable to comply with the terms of a plea bargain, it must afford the defendant an opportunity to withdraw the plea. Moore, supra; LaBaissiere, supra; Coleman v. State, 433 So. 2d 627 (Fla. 2d DCA 1983); Dunkel v. State, 432 So. 2d 201 (Fla. 2d DCA 1983); Gumbiner v. State, 429 So. 2d 828 (Fla.2d DCA 1983). See also Stanley v. State, 501 So. 2d 90 (Fla. 1st DCA 1987). Therefore, we reverse and remand with directions to the trial court to conform the sentence to the terms of the p…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- Freeman v. State, 376 So. 2d 294 (Fla. 2d DCA 1979)
- Reynolds v. State, 339 So. 2d 714 (Fla. 2d DCA 1976)
- LaBAISSIERE v. State, 429 So. 2d 96 (Fla. 2d DCA 1983)
- Gumbiner v. State, 429 So. 2d 828 (Fla. 2d DCA 1983)