NANCY MARIE FAIRWEATHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Nancy Marie Fairweather appealed her guilty plea to second-degree murder, arguing the trial court erred by accepting her plea without informing her that the court could retain jurisdiction over one-third of any sentence imposed. The appellate court agreed and remanded for the trial court to either strike the jurisdictional retention or allow the defendant to withdraw her plea.
The trial court erred in accepting the plea without informing the defendant that the court could retain jurisdiction over a portion of the sentence. Upon remand, the trial court must either strike the portion of the judgment retaining jurisdiction over one-third of the sentence or allow the defendant to withdraw her plea.
[1] A trial court must inform a defendant, prior to accepting a guilty or nolo contendere plea, that it may retain jurisdiction over a portion of the sentence.
[2] A defendant must be advised that the court can retain jurisdiction over a part of the sentence before pleading guilty or nolo contendere if the judge wishes to retain jur…
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Join FLexlaw to unlock all legal intelligence“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”
Establishes the legal requirement that defendants must be informed of potential jurisdictional retention before entering a guilty plea
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Join FLexlaw to unlock all legal intelligenceFairweather was charged with first-degree murder in connection with her husband's death. She pled guilty to the lesser included offense of second-degr…
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SCHOONOVER, Judge.
The appellant, Nancy Marie Fairweather, has appealed the judgment and sentence entered after she pled guilty to second degree murder. The appellee, State of Florida, has agreed that the trial court erred when it retained jurisdiction over one-third of the appellant’s sentence, and we accordingly remand for proceedings consistent with this opinion.
The state charged the appellant with first degree murder in connection with the death of her husband. By agreement, the appellant pled guilty to the lesser included offense of second degree murder. At the time she entered her plea, the appellant was advised that she could receive a maximum sentence of life imprisonment, but was not informed that the court could retain jurisdiction over one-third of any sentence imposed. The appellant was subsequently sentenced to serve a forty year sentence, and the court retained jurisdiction over one-third of the sentence.
We agree with the appellant’s contention that the court erred in accepting her plea of guilty without first informing her that it could retain jurisdiction over one-third of any sentence imposed. After the sentence was imposed by the trial court in the case sub judice, our supreme court in the case of State v. Green, 421 So. 2d 508, 510 (Fla. 1982), held:
[I]f 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.
Accordingly, if a trial judge desires to retain jurisdiction over a portion of a sentence pursuant to section 947.16, Florida Statutes (1981), he must, in determining the voluntariness of a plea pursuant to Florida Rule of Criminal Procedure 3.172, inform a defendant that he can retain jurisdiction over a portion of his sentence.
Since the court in the case sub judice failed to so inform the appellant, this case must be remanded to the trial court. Upon remand, the court must either strike that portion of the judgment and sentence retaining jurisdiction over one-third of the appellant’s sentence or allow her to withdraw her plea. State v. Green.
Reversed and remanded with instructions.
HOBSON, A.C.J., and LEHAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Fairweather v. State, 505 So. 2d 653 (Fla. 2d DCA 1987)…ction 947.16, Florida Statutes (1981). Fairweather was sentenced to forty years with one-third retained. On appeal this court remanded with directions either to strike the retention or to allow Fairweather to withdraw her plea. Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983). After remand Fairweather withdrew her plea. The state subsequently offered a different plea agreement: life in prison with no retention of jurisdiction. On August 17, 1983, Fairweather accepted this offer. No appeal was taken fr…
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Mickey Allen Brown v. State, 434 So. 2d 21 (Fla. 2d DCA 1983)…uld be retained over one third of defendant’s sentence; the order indicates that the defendant was not so informed. Failure to so inform a defendant under these circumstances is error. State v. Green, 421 So. 2d 508 (Fla.1982); Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983). Therefore, we reverse and remand. Upon remand, the trial court can (1) furnish this court with evidence that defendant had been informed of the court’s ability to so retain jurisdiction or (2) either strike that portion of the…
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Mrozowski v. State, 444 So. 2d 587 (Fla. 2d DCA 1984)…the trial court erred in failing to inform him that it could retain jurisdiction over one-half of any sentence imposed. He is correct. State v. Green, 421 So. 2d 508 (Fla.1982); Brown v. State, 434 So. 2d 21 (Fla. 2d DCA 1983); Fairweather v. State, 432 So. 2d 688 (Fla. 2d DCA 1983). Accordingly, we reverse and remand to the trial court. On remand the court must either strike that portion of the judgment and sentence retaining jurisdiction over one-half of Mrozowski’s sentence or allow him to withdraw his p…
Authorities Cited
- State v. Green, 421 So. 2d 508 (Fla. 1982)