BOBBY JOE LOLLAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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OTT, Chief Judge.
Pursuant to negotiations, appellant agreed to plead nolo contendere and the state agreed to remain silent at appellant’s sentencing hearing. The state failed to keep the bargain. Appellant’s motion to withdraw his plea was denied. Instead, a new sentencing hearing was scheduled before a successor judge. We reverse.
A defendant should be allowed to withdraw his plea when the terms of a plea bargain are not honored. See, e.g., Nesmith v. State, 374 So. 2d 1139 (Fla. 2d DCA 1979) (trial judge declined to honor plea bargain); Wood v. State, 357 So. 2d 1060 (Fla. 1st DCA 1978) (state violated agreement to recommend concurrent sentences). Vetter v. State, 425 So. 2d 575 (Fla. 2d DCA 1982), relied on by the trial judge, is factually distinguishable. There, the defendant moved to vacate his sentence only.
REVERSED and REMANDED for further proceedings not inconsistent with this opinion.
DANAHY and CAMPBELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fortini v. State, 472 So. 2d 1383 (Fla. 4th DCA 1985)…ate breaches its agreement to make a certain recommendation as to sentencing, or to refrain from making any recommendation, error has consistently been found where the defendant was not given an opportunity to withdraw his plea. See Lollar v. State, 443 So. 2d 1079 (Fla. 2d DCA 1984) (state breached agreement to allow defendant to earn recommendation for leniency by providing substantial assistance). The instant case, however, differs from the above-cited eases in two material respects: (1) police officers,…
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LEE v. State, 490 So. 2d 80 (Fla. 1st DCA 1986)…eaches his agreement to make a certain recommendation as to sentencing, and the trial court’s disposition of the case is influenced by the breach, error results if the defendant is not given the opportunity to withdraw his plea. See Lollar v. State, 443 So. 2d 1079 (Fla.2d DCA 1984). I would carry the above rule one step further and hold that a breach occurs if any representative of the government fails to honor a plea bargain agreement entered into between the state and the defense, particularly if it influen…
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Jackson v. State, 515 So. 2d 349 (Fla. 1st DCA 1987)…the nolo contendere plea, on the basis of the assistant state attorney’s comments. Since the State violated the terms of the plea agreement by failing to “remain silent,” appellant should have been permitted to withdraw his plea. Lollar v. State, 443 So. 2d 1079 (Fla. 2d DCA 1984); Fortini v. State, 472 So. 2d 1383 (Fla. 4th DCA 1985). We therefore vacate the sentence imposed by the trial court and remand for the parties to be placed in the position in which they stood prior to the plea agreement. Macker v.…
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- Wood v. State, 357 So. 2d 1060 (Fla. 1st DCA 1978)
- Nesmith v. State, 374 So. 2d 1139 (Fla. 2d DCA 1979)
- Vetter v. State, 425 So. 2d 575 (Fla. 2d DCA 1982)