STEVEN THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Steven Thomas appealed his conviction and sentence in an escape case where he had entered a negotiated guilty plea. The trial judge conditionally accepted the plea but later refused to honor the agreed-upon sentence. Thomas indicated he wanted to withdraw his plea, and the appellate court reversed and remanded, holding that when a trial court cannot honor the terms of an accepted plea bargain, the defendant must be afforded an opportunity to withdraw.
When a trial court determines it cannot honor the terms of an accepted plea bargain, the defendant must be afforded an opportunity to withdraw his plea. A sufficient motion to withdraw appeared on the record despite the lack of a formal written motion, and the conviction and sentence must be reversed and remanded for trial.
[1] When a trial court determines that it cannot honor the terms of an accepted plea bargain, the defendant must be afforded an opportunity to withdraw his plea.
[2] A defendant is entitled to withdraw a guilty plea when there is a reasonable basis to believe a promise of a lesser penalty was made by the judge or prosecutor.
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Join FLexlaw to unlock all legal intelligence“When a trial court determines that it cannot honor the terms of an accepted plea bargain, the defendant must be afforded an opportunity to withdraw his plea.”
States the controlling legal principle governing the case and the basis for reversal.
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Join FLexlaw to unlock all legal intelligenceThomas negotiated a plea agreement in an escape case. The trial judge tentatively accepted the plea with the understanding that if a presentence inves…
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DAUKSCH, Judge.
This is an appeal from a judgment and sentence in an escape case. This case was presented to the trial judge as a negotiated plea. The judge tentatively accepted the negotiations and entered the plea. It was understood that if a presentence investigation indicated to the judge that the sentence agreement was not satisfactory that he would not be bound by the agreement and the defendant could withdraw his plea. As it turned out the judge would not accept the agreed-upon sentence and told appellant so. Albeit a bit equivocally, appellant told the judge he wanted to withdraw his plea. No formal written motion to withdraw was made; instead this appeal was filed. Reluctantly, we have determined a sufficient motion to withdraw appears on the record so we must reverse the conviction and sentence and remand the matter to permit appellant to go to trial. When a trial court determines that it cannot honor the terms of an accepted plea bargain, the defendant must be afforded an opportunity to withdraw his plea. LaBais-siere v. State, 429 So. 2d 96 (Fla. 2d DCA 1983); Brown v. State, 245 So. 2d 41 (Fla. 1971).
Moreover, where a defendant has a reasonable basis to believe that a promise of a lesser penalty has been made by the judge or prosecutor, he is entitled to withdraw his guilty plea. Costello v. State, 260 So. 2d 198 (Fla.1972). Upon remand the trial court should afford the appellant a trial and the court is not bound to any previous sentences or sentence negotiations. Here is a prime example of the dangers lurking behind a court entering into sentence negotiations.
REVERSED and REMANDED.
COBB, C.J., and ORFINGER, J., concur.
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Citator
Cited By
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Baxter v. State, 488 So. 2d 647 (Fla. 5th DCA 1986)…rt did not accept the State’s recommendation as to the sentence. See State v. Adams, 342 So. 2d 818 (Fla.1977); Cannada v. State, 472 So. 2d 1296 (Fla. 2d DCA 1985). We find the following cases cited by appellant not to be in point: Thomas v. State, 458 So. 2d 883 (Fla. 5th DCA 1984); Gamble v. State, 449 So. 2d 319 (Fla. 5th DCA 1984); Folske v. State, 430 So. 2d 574 (Fla. 5th DCA 1983); Rice v. State, 400 So. 2d 461 (Fla. 5th DCA 1980). The trial court entered a guideline departure sentence for the followi…
Authorities Cited
- Brown v. State, 245 So. 2d 41 (Fla. 1971)
- Costello v. State, 260 So. 2d 198 (Fla. 1972)
- LaBAISSIERE v. State, 429 So. 2d 96 (Fla. 2d DCA 1983)